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Punishment for cheating under which section

(Querist) 09 March 2016 This query is : Resolved 
Hello members,
I got married in 2011 and in 2015 I got a very old lal pathlab report of my husband, which was just 27 days before my marriage. As per the report, my husband was suffering from hepatitis B, a venereal disease about 50 to 100 times more easily transferable thn AIDS. Under highly infectious state he took me fr honeymoon. The mail with report as 2 attachments which I found was sent by my husband's lady colleague to her husband and her husband to my husband. Her husband was also in the same company. My husband not only hid this fact but talking sweet he got close to me n said he was desperate to have a kid. Produced a kid. It was a baby girl . soon after he demanded dowry n started insulting my ageing parents and used abusive language fr me which cannot be written or spoken in civilised society. It was under his planning that where this poor girl can go aft having a kid and with parents ageing. Ever since I got married , I HV spent 4 lacs frm my income in that house. Treated in-laws as parents but got inhuman behavior in return. Had I known earlier that husband has hep B I wud never have married as I m a scientist and have all literature on the mentioned disease.
PLEASE HELP AND ADVISE !
I BOW
Kappil Cchandna (Expert) 09 March 2016
Mam,

You can get the marriage annulled within 1year from the date of the knowledge or file a case for divorce on the ground of cruelty......

Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal (Expert) 09 March 2016
No reply to query from anonymous.
R.K Nanda (Expert) 09 March 2016
no reply 2aq.
Guest (Expert) 09 March 2016
Anonymity is not the lkey to get any useful advice. However, can you clarify, are you a lawyer or a law student asking for the section to get your husband punished? IF NOT, what will you do with the section of law?

Also, in what way, you are treating the case of cheating, if he was sufferring from the disease you said?

BY the way, why you are interested to get your husband punished?
Adv. Yogen Kakade (Expert) 09 March 2016
No reply to the anonymous query.
Anonymous (Querist) 09 March 2016
Many thanks kapil sir.
Fr Dhingra sir, I m a PhD in chemistry who's life is spoilt. I HV been cheated by concealing this fact that he had hepatitis B. A qualified girl like me who has been into pharma and drug analysis wud never have married him had I known this fact. On top of this his behavior was cruel, he also demanded dowry and other things are secondary. 1st is why did he cheat me.? I wud never have married a diseased man specially when I know what the disease is. I m a PhD frm India's most renowned institute... Institute of chemical technology. I HV also caught my husband's Facebook chats showing his character. I HV proofs of he registering on sex chatting sites...any reason why he shud not be punished , adovate sir?...... I bow. Utmost regards to you sir. I just need justice. Fauji khandan SE hoon, straight in dealings and straight in mindset. No ill feelings , no malice, a very simple n studious girl who has been honest and into studies purely with no bad habits
Anonymous (Querist) 09 March 2016
Adv Dhingra sir, pl think like a lawyer, and not a male chauvinist. Pl stick to your opinion on matters of law only. Thanks and regards
Anonymous (Querist) 09 March 2016
Adv Kapil sir....sound advice. What will happen to the offspring who came before the date of knowledge?
Secondly under what section will this kind of cheating come and how can I be compensated for that ? Many thanks for your response.
Regards,
Guest (Expert) 10 March 2016
Ms Anonymous, whatsoever is your name,

For your information, I neither think like most of the lawyers nor I am a male chauvinist. I think only as a rational personal, irrespective of whether the other person understands the value of my frank questioning/advice or loves or hates me.

Just think, is your husband my client or my relative or friend whom should I favour against you?

If you are so highly qualified to the doctorate level, I wonder, why you have failed to understand, what I wanted to convey you and that you can surely fail in your attempt in proving him as cheat.

Now my another question to you, how you would like to prove him as a cheater, when you have not asked about her health conditions or asking for his clinical test reports prior to getting married? Ask any lawyer, which section of which law makes it compulsory for the prospective husband to prove his health conditions or submit clinical test reports to the prospective wife. So, can you prove that you asked him all that and he produced some fake reports or told you something false?

My other question to you, did you also tell anything about your health conditions or rendered your full body test reports to him or his family in lieu of which you would have expected him to report everyhing to you without your asking?

Now to raise any question about all these things is quite irrelevant on your part after marriage. You were justified to make such enquiries only before your marriage.

Now, I can bet, you cannot get your marriage even annuled on this ground.

Mind it, I don't try to mislead or misguide anyone, even to my own enemies, as per my nature. I am quite frank in my opinions. I don't use sugar quoted words to make myself popular. People, who understand me, also trust and respect me.

Anonymous (Querist) 10 March 2016
Mr Dhingra first read law properly.
Read legal and ethical practices ART guidelines chapter-3 !
Secondly analyse this situation:
A person has AIDS
MARRIES
produces a child
Does not bother tht it is anti national to raise a generation of diseased ppl.
Puts his life partner's life to danger
And adovates who are a shame to their profession say that such people must not have any punishment !
Good luck to u sir
I do not want to educate u on morals because your category of ppl are without any conciense or soul
Anonymous (Querist) 10 March 2016
Hepatitis B is just like AIDS in modes of transmission.
There may be wives tolerating their characterless husbands.
I do not wish to Mr. Dhingra.
Anonymous (Querist) 10 March 2016
And one more article fr u to read Dhingra ji
Section 35-A Hindu Marriage Act !!

A PhD chemistry teaching u law.
Itself proves how incompetent you are !
Anyway thanks fr spending time
Anonymous (Querist) 10 March 2016
I correct my typing errors: Section 13 (v) of Hindu Marriage Act....Fr Dhingra ji to revise.
Husband having a venereal disease.
Guest (Expert) 10 March 2016
Ms. Anonymous cum PhD Chemistry,

Nice! So, now from a PhD in Chemistry, you have become a Professor in Law. The question arises, when you can teach law, why ask for the sections of law like a law student, as you have asked from Shri Kapil Chandna, which I reproduce below:

"Adv Kapil sir....sound advice. What will happen to the offspring who came before the date of knowledge?"
"Secondly under what section will this kind of cheating come and how can I be compensated for that ? Many thanks for your response."

BUT, IS NOT IT STRANGE ENOUGH THAT YOUR TOPIC WAS PUNISHMENT FOR CHEATING BUT YOU HAVE TRIED TO TEACH ME LAW ON DIVORCE?

Anyhow, I very well knew that your query was nothing except an academic query and you did not have any such problem, as you tried to pose. First of all, the bad style of description of the problem could not be expected from such a person with such a high qualification of PhD, as with such a bad descripting language, you could not be expected to get degree in PhD. Secondly, when you posed a supplementary question "what will happen to the offspring who came before the date of knowledge" to Shri Kapil Chandna, that made more clear towards your real academic query.

Had you any such personal problem, you could well have replied my questions, how would you prefer to prove cheating on the part of your husband, but you did not bother to reply those questions. Rather to prove smart, you tried to teach me law.

Why not take advantage of your own knowledge of law of the suggested non-existing section 35A or 13(v) when consider yourself capable to teach me law? By the way, did not you find another (v) also under section 13? If that is there, that itself makes clear about your own raw knowledge. When you can misquote section 13(1)(v) as section 13(v), what you can teach me of law?

Moreover, from where arose the need of reference of Hindu Marriage Act, when your question was on punishment for cheating? That gives a clear hint that you cannot even apply your mind appropriately even in putting question or linking your supplementary questions or posts. So, what type of PhD you are that you cannot make your ideas or posts well structured?

Now since you have tried to teach me law, you may also intimate which section of Hindu Marriage Act deals with punishment for cheating.





Anonymous (Querist) 10 March 2016
I don't wish to waste my precious time on you Mr Dhingra. I m busy with research. No more detestable communications frm ur side will be entertained. Keep wasting ur time posting essays hence forth
Guest (Expert) 10 March 2016
So, you preferred to waste others precious time, when you did not have any explaination for any part of your own academic question or supplemental posts, when you tried to merely make fools of others?
Sudhir Kumar, Advocate Online (Expert) 23 October 2016
The querist has not been able to reply the points raised by Mr Dhingra which re3frained other experts from reacting.

The experts of this forum cannot discuss without facts.
Rajendra K Goyal (Expert) 23 October 2016
Agree with expert Sudhir Kumar.
Guest (Expert) 30 July 2017
Welcome Back -Senior Expert/Senior Advocate Mr.P.S.Dhingra-All the Best


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