Divorce
Pramod
(Querist) 20 July 2014
This query is : Resolved
Dear Expert,
My niece married a boy from Trichur, Kerala in 2012. After a year we realized that he is impotent. He had threatened the girl with dire consequences, if she shear the fact with anyone. Instead he was blaming the girl that she is scared of sex.
The girl is handicapped. She had congenital cataract. After few operations she now can manage everything. Both her eyes are good. We have told everything to the boy and his family before marriage. The boy also had a major car accident when he was 10 year. He had a head injury and it was repaired by a titanium plate insert in the head. His impotence is due to this accident, but was not told to us or anyone.
The boy and his family have taken all her jewelry, 110 sovereign (around 880 grams) of gold and Rs 20 lakhs. The money was not given at the time of marriage, but at different occasions to build his house at Thichur.
The Girl and family work at Singapore. At the time of marriage the boy was jobless and the girl’s father got him a job at Singapore.
He used to harass her, so that she won’t utter a word of his impotence.
We have filed for divorce in Kerala family court. Now he is absconding. Through our sources we came to know that he is at Doha (Qatar). If we go for ex party divorce, we will not get back our gold and money. We also heard that he is perusing another marriage with another unsuspecting girl.
Kindly advice how should we go about this.
Thanks and Best regards Pramod
P. Venu
(Expert) 20 July 2014
Divorce could be granted on the ground of impotency.
His alleged actions of harassment amounts to domestic violence. The girl may file a complaint and this may be helpful in tracing him.
prabhakar singh
(Expert) 20 July 2014
You need to serve him notices at Doha (Qatar).A criminal case for jewelry must also be filed.
" If we go for ex party divorce, we will not get back our gold and money. " IS A WRONG IMPRESSION AS EVEN EXPARTE DECREES ARE EXECUTABLE.
ajay sethi
(Expert) 20 July 2014
have you filed complaint under 498A , 406 against the boy ? if you have not filed any complaint do so . also no harm in obtaining exparte divorce
Devajyoti Barman
(Expert) 20 July 2014
the girl can file case u/s 498A, 406 IPC.
She can file case for maintenance as well.
She can file suit for divorce or even suit for nullity also.
Rajendra K Goyal
(Expert) 20 July 2014
Well advised by the experts, agree to it.
T. Kalaiselvan, Advocate
(Expert) 20 July 2014
I endorse the views of experts that besides divorce case, a complaint for offences liable under the provisions of sections 406 and 498a of IPC with the respective police against the husband and also against the cruel in laws shall bring some relief to the girl as well as her her to retrieve her jewels.
