Null void marriage and maintenance / alimony
neo
(Querist) 26 December 2014
This query is : Resolved
Hi Experts,
Would appreciate your valuable opinion in my case.
Scenario and events :
I got introduced to girl through matrimonial website and Got Engaged in Nov13 and Marriage to place in Mar14.
Upon narrating the stories she was murmuring on 1st night to her mother. They came to me next day with some relative to my home and apologised saying she was kidding on 1st night.
I thought maybe there is some misunderstanding gave her another chance and kept her with me and again i observed weird behaviour of her on next day and she threaten me of suicide. later again called her mother narrated her whole fact then her mother said to me that she has been haunted with some ghost and we are coming and will take back her home and will treat her and get back to me later. Since then she staying with her parents.
There after i came to know that she was hospitalized for 10 days and undergoing some treatment under physiatrist.
Realising the fact that i was cheated.
I talked to my lawyer and i filled a case against her under sec 11 of hindu marriage act within 5 days of marriage, as my marriage was not consumed and she is mentally ill . As per my lawyer suggestion i have stopped communication with her since then.
Q1. would like to know how can i get the hospital records of her from her native.?
Q2. They have not given any SAY against my petition till yet. should i compel them to do so ? And they are demanding xxx amount as maintenance and alimony. what should i do ?
Q3. I have some digital evidence of her weird behaviour but no original recorder. Although i have some copies of it. want to know how i can use this to win the case in favor of me.
Q4. What about out of court settlement and what consequences, how do i do this.? As per councillor suggestion.
Now It's effecting my job and i am on the edge of losing my job.
please help me with lawsuit.
Thanks a lot in advance.
ajay sethi
(Expert) 26 December 2014
you dont have any evidence of nature of her illness . wait for reply of your wife to your petition under section 11 of HMA . merely because your marriage is not consummated is not sufficient to declare your marriage null and void . you have to prove your wife was impotent . you can use audio / video recording in your possession .
it is better to arrive at an out of court settlement
neo
(Querist) 26 December 2014
FYI, These evidences have her confession and her madness is clearly seen.
Would like to know how can i get her Hospital Records from her native. ? Can i get them under RTI.?
Any ways i want to get rid of this matter as early as possible.
My brother in-law suggested, you take back the case and we will have talks on this, in such an event will they file any other case on me ?.
Devajyoti Barman
(Expert) 26 December 2014
Disclose whether you have added aground of nullity on misrepresentation of material facts or not.
If not then add this geound in the suit.
You can apply for appointment of medical baord to prove her illness.
Rajendra K Goyal
(Expert) 26 December 2014
You can call the record of hospital by sending summon through the court.
Try to have out of court settlement, it would be better for both of you.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
If it was a case of suppression of fact material to marriage and you bank upon only hearsay information, you may alternately file a petition before the court seeking its direction to hospital authorities to produce the desired information before the court, that way you can move ahead.
neo
(Querist) 29 November 2015
I have got the hospital records and submitted before the court. My cross has been started and halted due to application of amendment from respondent side. Now i would like to know how to reject this amendment and any useful citation that can be mentioned in reply.
