Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

unfortunate victim (owner)     25 September 2012

Need justice need divorce

hi 
divorce under medical grounds
 this is exactly same case like manish.we r hindu.we got married in april 2012.after just 2 months of marriege I came to know there is some problem with my wife.The I inquired secretly I got shoked that she is patient of scrizofania from last4-5 years.this fact was kept completely secreat by she and her parents also from our socity.she stopped taking medicines after marrige.now we r living separately.then we have taken meeting with parents and some elder members of our socity then her parents agrred to give mutual divorce.but for mutual divorce it will take 1 year to file the application mean while it is dangerous to me if after 1 year she denied me to give divorece or may demand alimony.right now I heard she is somewhat normal by taking pills.but why should I suffer as I am totally cheated by them.please help me urgently.shall I file case against them?will it results early?I know the hospital where she was taking treatment.but cannot ask for treatment document as it can be given only to patient.



Learning

 8 Replies

Tajobsindia (Senior Partner )     25 September 2012

1. Showing jointly exceptional circumstances you may get allowed filing via MCD path seeking 'just' relief to parties when it is shown to be free of 'consent' even otherwise you have already created "just grounds" so no harm force pleading them out.

2. Based on application of mind of your jurisdiction ld. Court outcome may favour parties and if not then Hon’ble HC is always there if same jointly carried there under Appeal which I doubt may be the end result when all sides see a way out only via MCD route. Strike on it when iron is hot instead of waiting!

Saayujyaa S (Engineer)     25 September 2012

Tajobsindia:

Even if a person prooves that wife having BPD or Psychatric issue and its prooved in the court, the husband hhas to pay maintenance ?

Its cheating / breach of trust . How do the innocent husband knews that pre marriage issue /History of medical illness. Its not seems  to be right justice right?

In that case all mental will marrya good goy then they will get a maintenance or what ?

 

Tajobsindia (Senior Partner )     25 September 2012

@ Saayujyaa S

Open new post for your query otherwise @ Ketan will get confused the moment I / others attend to you as I feel both queriest facts are on different footings.

unfortunate victim (owner)     25 September 2012

Tajobsindia Thank you very much for reply.I want to add some points in the meeting held we did not disclose the the real ground i.e schizophrenia because they immediately agree the divorce without any alimony because they wanted the the real reason to be kept secret from society.so we agreed.also can I apply MCD with privacy in court with real reason immediately?

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2012

You can apply for the divorce on medical grounds.  Recently one of my collegue got her client's divorce on the ground of scrizofania.  But you have to prove that with the doctor evidence.

Tajobsindia (Senior Partner )     25 September 2012

@ Ketan,

1
. No. Only privacy allowed here is to proceed the matter as in-camera proceedings that is all where alleged society cannot gate crash your jurisdiction Open Court.
2. Tell them / to society they can show certified or original copy of MCD Decree Sheet (it is just 1 page Decree sheet with court name + parties name + decree wordings of maximum three – four lines and comes with stamp and signature of Ld. PO) which just states parties marriage dissolved via MCD on this date that is more than enough for the society to know.
3. Never become party to cheat next groom – society may emotionally love piggy riding on your shoulder no matter currently you are at its receiving end. You do your part, let them do their part.

It is not a curse it is just mother natures' freak accident and can happen to both genders pre-post-during marriage whereas its discovery date by other party followed by seeking releif within 1 year is important criteria and society has no locus to poke their nose into you right now or afterwards.

unfortunate victim (owner)     25 September 2012

Thanks Rajoo sir, medical evidence can be proven by the court only because the treatment papers can be available to patient only.and they(opp. party) cannot give to me directly.will it take much time?or within a month it can be available to court?

unfortunate victim (owner)     10 October 2012

we r living separately from last 4-5 months can we apply for mcd?we maaried in april 12.
why only women demaand alimony from husband? why husband can not demaand alimony from wife?
if  everywhere we hears  "WOMAN AND MEN ARE EQUAL"then is this right justice?
we have to raise this issue because men are the only sufferer and victim by womens abuse even if the wife cheated to husband
now I have to go in court for justice.nobody in my family my grandparents stepped the court.
I am 29 year old so now I have to wait for divorce for 1.5 to 2 years then I will bacame divorcee,again search for bride.is that so easy? my grand parents  are too old they and my parents  were having big hopes from my marrige  dreams how can I fulfill them? without my mistake I became just victim...
so please all my friends n respected lawyers raise the issue......... and make some law to protect men from such kind of cheating


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register