Can I file custody first , and what is section 5,12 of HMA , is my marriage illegal
jeewan
(Querist) 16 July 2011
This query is : Resolved
A marriage & invalid ,in view of section 5 as my wife has epilepsy & on the ground of fraud , could you pls explain i am putting a synopsis of my case ,
I got married about 5 years ago , 7 months post marriage i got to know my spouse is suffering from epilepsy (a fact i was not aware before marriage), then some how my wife not only this was also having side effects of the medications she was taking , was blessed with a child 2 yrs ago and then one fine day , my wife left the matrimonial house with the child , there was no fights , no criminal / civil cases . Tried to reconcile but she was not ready , in fact a year back i got to see a file of hers which contains her old medical records in orignal which showed the fact that she is suffering from an untreatable form of epilepsy , and she requires brain surgery , knowing this i dont want to get her back , but would like to get my son as a single complete care taker , i havent seen my son from past 2 years as sshe ha threatened me that if i try to see his face also she will put false allegations and put me behind bars, now my question is i am really scared to o to thye court , now she has deserted me for more than 2 years and now what should i do put custody first or divorce first , if i put custody there is a fair chance that she may give divorce by mutual consent , as she has allready told neither she would give divorce nor take it and wants me to suffer , now epilepsy is not a ground for divorce , but section 5 of HMA shows if epilepsy was there before marriage it is not a valid marriage is it true or it is before the amendment , please advise how to proceed for a early respite , & how much time does it take to get the custody and divorce . Can I put custody before divorce singly , and later a divorce , under what section I should put divorce
Warm regards
Jeewan
Devajyoti Barman
(Expert) 16 July 2011
This type pf cases if seriously contested does take a considerable amount of time.
You can file any case of these two at any point of time or in any order.
