hindu law
Y Hari Hara Nath Babu
(Querist) 19 April 2010
This query is : Resolved
Dear Sir,
3. It is submitted that my clienti.e., Balakrishna is only son of Radhakrishna Reddy and Hymavathi of Kondayapalem of Nellore. Whileso that the father of my client and his mother in the year 2007 expressed their intention to celebrate the marriage of my client to their friends & relatives requesting them to choose a bride from an agricultural family with minimum education and also expressed that they do not need any dowry in consideration marriage of their son.
It is humbly that while the search for bride is in force during the year 2007 that the Respondent’s parents and her relatives along with Gattamaneni Sudhakar Naidu approached my client’s family at Vedayapalem on 25-11-2007 and represented that respondent is the daughter of Kalluru Sreedevi and Kalluru Madhusudhan Reddy studying Intermediate at Naidupet attained Puberty and willing to offer respondent for marriage to this Petitioner. That the Respondent’s parents and relatives namely Kalluru Madhusudhan Reddy, Manda Srinivasulu Reddy, P. Syamalamma and P. Devasena, had also represented that the respondent is a healthy, fully grown up girl for marriage, suitable to the Petitioner’s family and invited the Petitioner and his family members to visit their residence at Naidupet. Accordingly the Petitioner and his family members and one G.Sudhakar Naidu visited the respondent’s house at the request of respondent’s parents and relatives the family members of respondent. Respondent’s Parents and relatives were also present during that Occasion. Thus all respondent’s relatives including her parents represented prior to the fixing off the marriage that all of them brought up respondent with more love and affection since respondent is the only daughter of Madusudhan reddy and Sreedevi.
6. It is submitted that the respondent also expressed her desire and consented to marry this Petitioner at the desire and abetment of Respondent’s Parents and relatives. The Petitioner and his family members consented for celebrating marriage at Naidupet. The marriage was celebrated on 23-4-2008 at Naidupet as per the Hindu rites and customs. Though Respondent’s Parents and relatives agreed to bear marriage expenses but expressed their inability to meet the expenses of Pujari and musical players on the occasion of marriage. That Petitioner’s family borns these expenses with happily without expressing any dissent in whatsoever manner. Respondent’s Parents and relatives supervised the celebrations of the marriage of Respondent actively on 23-4-2008. That the Petitioner’s father borne part of expenses of the marriage. That neither this Petitioner nor his family members never demanded any dowry from Respondent’s family.
7. It is submitted that after the marriage respondent joined the house at Kondayapalem in Nellore city on 24-4-2008. The marriage was not consummated as respondent expressed her unwillingness for consummation on health grounds. That this Petitioner waited for two months even after marriage without any consummation and thereafter that he suffered with Jaundice consequently the consummation of marriage was postponed for further period of four months. During the month of October, 2008 that this Petitioner expressed his desire for consummation of marriage with respondent but petitioner observed the nervous feelings of the respondent and oppressed his desire seeing the condition of the respondent.
8. It is submitted that on 21-10-2008 that this Petitioner and his mother and sister had taken respondent for medical examination at Nellore. To the surprise of Doctors and to this Petitioner that Respondent is lack of Primary sexual organs like uterus, ovaries besides accompanied with blind vagina which made her unfit for consummation of marriage much less even for procreation of children. That respondent misrepresented even on 21-10-2008 that she attained puberty subjected to monthly cycles for all these years. That Respondent’s Parents and relatives tutored Respondent to lie each and every occasion regarding her perfection in respect menstrual cycles. That Respondent misrepresented at the house of the Petitioner during her stay for a period of six or eight months that she was subjected menstruation.
9. It is humbly submitted that blind vagina and in the absence of Ovaries there would no Harmonal secretions in Respondent’s body which prevents penetration and in such situation that respondent is unfit for matrimonial life besides for procuring children. The doctor subjected the Respondent to scanning test in doctor p.v.ramachandra reddy peoples’s Poly clinic in the department Ultra Sonography at Nellore and the scanning report bearing No.20080008234 Dt.21-10-2008 is herewith annexed with this petition. The scanning report corroborates the findings of the Doctors besides contradict the versions of Respondent and her parents. Thus Respondent and her parents besides her relatives played a deception against the Petitioner and his family members by misrepresenting that she attained puberty and also subjected to monthly period cycles which resulted marriage of this Petitioner and thereby Petitioner suffered mental injury and damage to his reputation. Hence the deception of Respondent and parents induced the Petitioner and his family members to consent for the marriage on 23-4-2008 and the same caused much loss and pain and the same amounts to cheating. That Respondent and her parents are fully aware about the factum off absence of primary sexual organs in the body of Respondent and knowing fully well that they played deception in misrepresenting the petitioner by inducement which caused the petitioner for consenting the marriage with Respondent.
10. It is submitted that the Petitioner further submits that respondent left the house of the petitioner at Nellore on 31-10-2008 on her own volition and joined her parents. That the respondent’s parents and relatives are again conspired together with respondent and abetted her and to give a false complaint against this Petitioner, his father and mother that she was subjected dowry harassment during her stay at Nellore to SHO, Ozili Police station, Sri Pottisriramulu Nellore District. Apprehending arrest from the S.H.O, Ozili Police station, Sri Pottisriramulu Nellore District that this Petitioner and his father and mother obtained Anticipatory Bail in Crmp No.1291 of 2008 on the file of Sessions court, Nellore. Dowry harassment news regarding the complaint given by Respondent to S.H.O Ozili, was widely published in Surya Daily Newspaper in Nellore city & District. This caused damage to the Petitioner’s family reputation which lowered down the image of Petitioner and his family in the eye of public as well as friends and relatives of this Petitioner. Thus the conduct of the Respondent is nothing short of defaming of the family reputation of this Petitioner. The Petitioner’s and his family was subjected to great humiliation in the society for no fault of them. That the marriage is voidable as the marriage contravening the provisions Sec.5 (ii) (b) of Hindu Marriage Act and would not give confer any rights to Respondent against this Petitioner and his family members.
please give which type of suggestion to file case against the case
Y Hari Hara Nath Babu
(Querist) 19 April 2010
please give which type of suggestion to file case against the case
R.R. KRISHNAA
(Expert) 19 April 2010
File a divorce petition that the marriage is not consummated as the fault lies on the respondent.
File a criminal case of defamation, cheating, fraud against the family members of the respondent.
But first approach the commissioner of police of your locality with the necessary medical proof and lodge a complaint against the respondent's family and seek strict action.
You may also apply before high court for quashing of the criminal proceedings of dowry harassment with the sufficient proof.
Raj Kumar Makkad
(Expert) 19 April 2010
It is better to file petition under section 12 (4) of HMA rather wasting time in other irrelevant and time consuming litigation.
