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Goutam Paramanick   22 September 2015 at 15:51

Nullity of marriage, dissolution of marriage, divorce on ground of multiple ailments of wife suppres

Respected Expert: T. Kalaiselvan. Advocate – On 21st May, 2015 I posted a query on “Nullity of marriage under Special Marriage Act (Family Law)” but for a long periods I could not communicate with you because of my legal fighting against my wife on the basis of her allegations against me under 125 Cr. P. C. However, she was not able to prove all her allegations against me and my ailing plus aged parents before the Honorable Court. That is why, I was mentally disturbed and puzzled what to do. Moreover, my aged + ailing parents were fallen seriously ill. My father was done angio-plasty from RTIICS, in Calcutta. For this, I beg my apology to you. You have also stated on 28th May, 2015 "my intention is different". No Sir. I have no malafide intention. I was perturbed at that moment. Except me, nobody came to rescue from my gruesome problem. Don’t misunderstand me. Try to understand Sir.
You have asked me some questions. Sir, I will try my level best to reply. When was the marriage performed, why this was registered under Special Marriage Act? The reason best known to them. I was kept in the dark that the marriage is being solemnized under Special Marriage Act. It was not a love marriage. It was an arranged marriage as they published an advertisement through a leading newspaper seeking for Groom (NAPIT) in West Bengal on 22nd September, 2013.
The marriage was performed by 13th December, 2013. On 14th December, 2013 when she came my home, I discovered that a bag full of medicines (different types of medicines) she brought with her. There were 21 types of medicines for diseases like Gynaecological problem, Thyroid, Asthma and so on and so forth. She used to take medicines like *Trapic MF, *Menoguard* *Dysmen *Eklot,*Sefstart Asthalin/Asthalin-4 *Deriphylin Tablet *Microcef 200 DT *Ziprax – 200 ***Eltroxyn -50 mg, Deriphylin injection , *Decadon Injection, Decolic Injection IP, Rantac Injection (50 mg) IP, Reglan Injection, Rantac-150, Aciloc RD, Omez D, Pan-D, Domstal, Riboflavin Tab 10 mg. capsules as per advice from her elder cousin brother and second cousin brother. I could not find any prescription of any Registered Medical Practitioner or purchasing Cash memos. She used to take the medicines on the advice of her cousin brothers who used to practice Ayurvedic and Homoeopathy. She did not bring any prescription of any Registered Medical Practitioner.
In reply to your third question –when I consulted eminent doctor of Gynaecology, he opined that she has been suffering from ENDOMETRIOSIS and it needed a lot of time for treatment, but could not ascertain whether the disease was curable.

About the procreation, he did not comment anything except saying that she has to be treated for a prolonged period. He also advised for laparoscopic Surgery (Conservative) but the surgery was not performed as she willfully and deliberately left my home on 6th September, 2014 as well as directions given by her mother and elder cousin doctor brother (primary school teacher in West Bengal).

Moreover she frequently of her own will and wish left my home since our marriage and as per directions given her mother, elder cousin brother. She even did not consent from me and from my parents.

Besides, she and her mother, elder cousin brother, her one unmarried sister and cousin sister in law came my home on 26th March, 2014, tortured me and my ailing parents mentally and all her stridhan and gifted items at the time of marriage and after marriage were brought back by her(wife) relatives That day, I and my ailing-aged parents were silent spectators. We could do nothing. The date was very unfortunate in my life. Please suggest me, Sir.



Nitu   22 September 2015 at 12:53

Regarding divorce

I got married 9 months ago. Since then, there were disputes between me & my husband due to his nature of drinking, shouting, always insulting & beating me. Now, my case is with mediation center since one month but, I am not satisfied the way the mediator acts. Therefore, just want to know that is there any procedure to file a new case in Women cell alongwith this case. Or do I need to first withdraw the case from mediation center & then file the case in women cell. Please guide me at the earliest.

Thanks

Ramesh   22 September 2015 at 11:37

Advise requested for family marriage disputes

DEAR SIR,

I AM MUKESH AND GET MARRIAGE OF MY SON TWO YEARS BACK APPROX...AND AT PRESENT NO SON & NO DAUGHTER FROM THEM..(IN MY FAMILY ME WIFE AND ONE SON ONLY)..

AFTER SIX MONTHS OF MARRIAGE ALL ARE WEL AND NO DISPUTE...AFTER THAT SOME HOT DISCUSSIONS MADE IN HOME IN BETWEEN FAMILY AND RESOLVED. IN DURING SON'S WIFE INFORMED TO THEIR PEEHAR AND HER PARENTS .THEY CAME AT US AND DISCUSSED WITH THRATENING OF F.I.R..

LATER ON WE MET THEM AND EXCUSES FOR ANY BAD/HARD WORDS AND HOT DISCUSSIONS...THEN ALL ARE NORMAL,

THE NATURE OF SON'S WIFE TO RUN SOCIAL MEDIA DURING HOUSE WORK LIKE FB AND WHATSSPP AND MATTER AGAIN HOT ON THAT SUBJECT...AGAIN IT WAS RESLOVED WITH SETTLED TIME OF RUN HOURS FOR HIS WIFE...

LAST SIX MONTHS BACK, MY SON MAKE A FEMALE GF ON WHATSPP..AND ALSO HAD MSG /PICS ON ONLY WHATSPP LEVEL..IT IS SEEN BY HIS WIFE AND AGAIN CREATE A HOT ATMOSPHERE..WE TRIED TO RESOLVE AND MET BOTH FAMILY EACH OTHER AND CLEARED ALL MINOR DISPUTES..

NOW, WE REQUESTED FOR SEND SON'S WIFE FROM PEEHAR TO HIS LAWS HOUSE (AT MY HOUSE) BUT THEY ASK FOR A WRITING AGREEMENT WITH HELP OF THEIR AN ADVOCATE ON RS.100/-STAMP PAPER AG SOME BINDING ON US..WHICH WE HAVE TRIED TO DENIED REGULARLY.THEY ALSO SAYS FOR ADD OUR POINTS IN THAT AGREEMENT.

KIND ADVISE WHETHER WE SHOULD SIGN SUCH TYPE AGREEMENT WHEREAS THERE ARE NO PROBLEM FROM ME AND MY WIFE AT ANY TIME, ITS ONLY TIMEBING PROBLEM IN HUSBAND WIFE.....AND IF YOU SAYS YES FOR SIGN...THEN WHAT TERMS AND CONDITIONS WE SHOULD AGREE & SIGN..SO THAT WE CAN MAKE A HAPPY ATMOSPHERE..

PLS ALSO ADVISE WHAT TYPE OF CONDITIONS WE SHOULD PUT BY OUR SIDE SO THAT THEY CANNOT HEAVY ON US OR BLACKMAIL IN FUTURE...

KIND ADVISE ME AT SOONEST POSSIBLE.
THANKS & REGARDS

YOURS REMAINS...

Ramesh   22 September 2015 at 08:18

conversion of restitution of conjugal rights petition

how perition of restitution of conjugal rights converted into divorce petition?

Anonymous   22 September 2015 at 08:10

parents are living together but they left their child alone

My honourable greetings to all,
We had a serious problem. Am the second daughter in law of my house, staying with my aunty and uncle from the beginning itself. Was married before 1 and half year. My husband is a naval officer so he won't available in home for all the times. My aunty's 1st son and his wife (1st daughter in law) are staying alone. They had one son (14 years old), and he was staying with us. My uncle and aunty is responsible for all his needs like washing his clothes, food, studies, school and tuition fees, extra classes fees, etc,.. But his parents won't spend anything for him, but always saying that we don't have a enough money to grow him so please keep him with you.. My father in law and mother in law are aged, they are 65+. Hereafter they can't do anything. So they planned to send that boy to his parents but they are not ready to accept. So we need a legal opinion for this. They are aged people can't work more, and am staying here for them only am a pregnant women. I should solve this before my delivery because I can't Leave them alone. So please kindly help us

Member (Account Deleted)   22 September 2015 at 05:19

child marriage

I was married at the age of 15 but after marriage she use to live with her family and i use to live with my family untill "gouna" a practice carried in remote place of uttar pradesh . Now i am 23 and suddenly her family arranged gouna and send her to my home . Now she lives with me. I want to get divorse. Plz help..

Member (Account Deleted)   22 September 2015 at 05:16

child marriage

I was married at the age of 15 but after marriage she use to live with her family and i use to live with my family untill "gouna" a practice carried in remote place of uttar pradesh . Nt i am 23 and suddenly her family arranged gouna and send her to my home . Now she lives with me. I want to get divorse. Plz help..

Suneetha   22 September 2015 at 00:33

Separation from husband based on impotence

Hi,

I am married from 1 year , its an arranged marraige. I am 29 and my husband is 30. We never were able to establish physical relation over the past one year.
Initially , i did not doubt this because we had some arguments during before marraige and after engagement time and assumed we are taking time to get to know
each other well. We both are software engineers and usually come late from office by 9 pm. Later i would cook , we have dinner and by the time we go to sleep ,
we both are very tired and just slept. Over the weekends , when we tried i used to get some pain and my husband used to tell me its normal
to have pain in the first time.

My in-laws used to visit us every month and stay with us for at least 4 days. During this time , my mother-in-law made sure that i do all the house-hold chores
and become tired by end of the day. I have never done any household work before marraige and hence i was totally tired
everyday whenever they are with us. By the time they leave, some how me and my husband used to fight and we never speak to each other for a week atleast.

No talking = No trials for intercourse.

I find my husband very immature , cunning to the core , 100% mamma's boy and used to support his parents , sister over me.
He made many attempts to make me understand that they have a higher priority than me in his life. He loves fighting , arguing and can change the course of argument anytime. He is not good looking , not good at anything
which guys are usually good at. He expects me to learn car driving and take him for ride. He expects me to pamper him like a kid and do everything for him.
In return , I should be grateful that i got a chance in my life to have made him happy. Me , on the other hand have never praised him , never said good things
about him (since i didnt find any) . I used to question him about every time he made a mistake and tried to push the blame on me.
In short , i was not as he expected. He is also two-faced , something in front of me and something in front of others.

This went on for 3 months and i told my mother about it and she questioned to my mother-in-law. My MIL was shocked and she mentioned that her son doesn't know much
about how to have intercourse. My in-laws put some efforts initially and pushed my husband to try harder and pull out some time to spend time with me.

My mom had told this to one of our common (me and my husband) relatives and then started the harrassment. It was only after my mom told the other relatives ,
my in-laws took me and my husband to doctor. Doctor confirmed that there is nothing wrong with either of us and I was given gel to reduce pain and he was given
some tablets which i havent checked.

We later tried by applying gel and my husband used to shout at me during this time for not being in position which is comfortable to him. The visits from my
in-laws , fights with my husband were never ending.

After 6 months of my marraige , i got into a new company and my husband insisted that i take a transfer to new city because of my new job and he would come
in 1-2 months time. I joined the new company moved to new city and my husband used to come and visit me on bi-weekly basis. I have asked him to take some leave
so that we can go to any place like honeymoon and spend some time with each other. This resulted in major fight and he started saying irrelavent things just to
win the argument. He left me and went to his hometown. We never spoke for a month after this fight.

Once, I have paid a surprise visit and saw some tablets in my house. Initially I did not pay attention to them but i have checked them later on. I have
checked for the tablets (tadalfil) in google and found that they are used for Erectile Dysfunction. My parents have come to the decision that he is impotent
and he is initiating all fights to cover his problem. My in-laws dont speak to me since I have done some crime by not hiding this problem of my husband.
My husband also has the same opinion that i have committed major crime by telling my parents about it. They have problems with my parents since they told some of the
relatives.

Things went on , we have fights , dont speak for weeks and become normal. The cycle is going on and on. I am sick and tired of fighting. if i try to end a
fight , he will try to irritate me more and i get upset. Its been 6 months that we are living separately and i really dont see a chance of improvement in our relation in all terms. He never brings up the topic of
he getting transfer / ask me to come back so that we can live together. I really want to live a peaceful life and really dont foresee it in the near future.

The major question is
1) Is he impotent? If yes, how can i prove it?
2) Is it possible that he had taken some tablets before tests were conducted by doctor before confirming nothing is wrong with him?
3) If nothing is wrong with him , why is he not taking initiatives to resolve this?
4) Can I request for annullment of my marraige on these grounds? I dont want to get divorced.

Thanks
Suneetha.

Anonymous   21 September 2015 at 23:33

Talaq

My religion is hindu however i got converted to islam to marry a muslim guy via nikah in 2006. We have taken talaq from qazi in june 2015. Now i am looking for marriage with hindu guy via court marriage. Want to know if talaqnama/khulanama would be considered by bandra court? I also have an Affedavit made by lawyer that we have mutually divorced and i am going back to my maidens name. Want to add: all my Id proofs are by my maiden's name. Kindly advice procedure and if talaqnama would be considered by bandra court?.. Thanks.

CHRIS   21 September 2015 at 22:59

Separation from live in relationship

Dear Sir/Ma'am,

Five years back a old family friend of us started living in our house and we accepted him as our father, since my mom is already divorced and we were looking for a partner for her. But after few years we came to know that he already has a family and cannot marry my mother legally. Now they have decided to separate and we don't want any relationship with him. PROBLEM is he had put some money in one of my apartment and he wants it back. The apartment is registered on my and my mothers name and I have taken a housing loan for the same. And on mutual understanding I am ready to pay back his share in a full and final settlement. I spoke to few lawyers and they say a mutual agreement on stamp paper is enough. I want to be on safer side as I don't want him or any of his family memeber to come back in future and claim any right on property. What all important points should I cover in agreement ? And do I need to register the agreement or notary is enough ?

It's a bit complicated scenario and I strongly believe this is the best platform where I can get some help.

Going for a agreement in 3 days, request your assistance please .

Thanks in advance !