Civil Procedure Code (CPC)

Breach of trust in marriage


I say that I have married with opponent no. 1, Ms.XYZ as per Muslim rites on 27/12/2016 and there were no expectation of me and of my family members from opponents. Opponent no. 2 is the father of opponent no. and opponent no. 3 is her brother. I say that my marriage with opponent no. 1 was an arranged marriage arranged and finalized with mediation of a Maulana. I say that at the time of settling the marriage the opponents have represented that opponent no.1 is physically fit and quite healthy and on believing on said representations made by opponent no. 1, I had agreed for said marriage. I say that after marriage I noticed the health issues/disabilities which were concealed by opponents from me, i.e., (1) Hypertrophy breast [glandular & nipple ptosis (grade 3) and Right leg problem (Genu Valgum) and initially I thought the extra breast enlargement could be because of obesity, however when I approached the doctor along with opponent no.1, it turned up to be hypertrophy breast including glandular and nipple ptosis at grade 3. And this can’t be treated through medication or physical workout, hence only surgery can be performed. Since day first when my family members have gone to see the girl, i.e., to opponent no. 1 till wedding it was kept secret about her problems. I say that other medical issues were fungus infection in her skin below the breast which the doctor has said that its due to breast hypertrophy and can occur again and later she can have spinal and shoulder problem. She also has dental issues. Further, the opponent admitted that her mother was worried about her breast issue as she knew about it. I say the that when I talked to my parents about the same which I felt I should relate to the two families as we had an arranged marriage with the meeting and consent. She got annoyed, however she related the same to her sister in law who related the same to her brother. I went to her place and I came to know that opponent no. 3 want to talk to me, so I had talks with him in detail. He was not convince with surgical treatment. He mentioned that if it can’t be cured by medication or any other means, then I should learn to live with opponent no. 1. I say that due to health problem of opponent no. 1 marriage could not be consummated. I say that opponent no. 1 is quite abnormal and that she is unable to walk properly and requires some one’s support. I say that my father had arranged the meeting in the room of mosque and that ''Maulana'' was also present and in the meeting the issue of disability of opponent no. 1 was discussed and on this opponent no. 2 who was present in the meeting had created a scene and misbehaved with my father. The opponent no. 1 had left my place on 20/02/2017 and since then living at her parental place. I say further that opponent no. 1 has swept away gold jewelries from the cupboard. She came to our place in the afternoon with her sister in law and asked my mother to take a few of her belongings as she has to attend a relative’s wedding. Now my in laws are asking me 30 lacs rupees for divorce through mutual consent or else they would trouble me as people say courts hear the female's plea the most.
 
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Scientist/Engineer

I gather that your wife is not staying with you. Did she ever stay with you? They can give problem under IPC 498A, DVA etc. You have to carefully watch what next step they take. Have a lawyer now itself to advise you. Negotiate and get divorce with minimum compensation. Preserve record of everything. Generally this is a game. You have to watch every step.

 
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Thank you very much for your advice. We stayed together for around 1-2 months and since 27th feb '17 we are living seperately.
 
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Scientist/Engineer

Are both of you in the same city, town or place?  This is like a game of cards. One will not know what will be the next move of the other party. Appear to be cordial and to be negotiating. Tell your mother and others also to appear cordial. Keep record and evidence of things happening and exchanged. You said that your wife came to your place and took away some jewellery. Have you got any kind of record of that? Are any of the items belonging to your wife still left in your house? In future try to create record of things, including consultation with doctors, test reports etc.   

 
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we live in same city. They filed a complaint and i have got a registry notice from asst. police inspector of their locality police station. They jewellery that she took away she admitted on call and its recorded. She swept away all doctor's paper and refused to go thru tests prescribed. Her clothes and other stuff is pending at home.
 
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Scientist/Engineer

Have a lawyer ready for any emergency. You need not engage him now. But apprise of all the facts and seek his advice also. You also seek his advice as how to move towards divorce. I think you should get divorce in an amicable manner and at the earliest.

 
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On 19/5/2017 I got a police notice to appear before the asst. inspector of police. I met the asst. inspector along my father at the police chowki where he asked me. He questioned me and told me that a dowry case, harassment and abuse case is filed by your in laws. As well as your mother has kept your wife jewelleries. And you cousin and his wife also stays at your address and they are destroying your relation with the girl. My in laws have blame me of asking huge amount of dowry and also mentioned that my father demanded 15lacs and ask the girl to sell off her jewelleries so that we can buy a property. Well again I was called on 22/5/2017 to record my official statement in which I denied al the blames put on me and my family members concerning theft of jewelleries, dowry demand and harassment. I told the the police that I want to get separated with the girl because she has Genu Valgum problem in her right (its bend and she often fells down by losing balance which her parent hid from me) and breast hypertrophy [grade 3] problem. And both is treatable by a surgery only and these facts were not told to me before marriage. And further, she has swept away her jewelleries and my jewelleries and left the box in the cupboard lying to put false case against me and I also have proof where in she has accepted over the call that she has taken away all jewelleries along with all documents and other stuffs. Again in the evening we were calle back to police chowki despite spending 4-5hrs during the same in there. The opponents already sitting there. The policeman told me that your opponents says that the girl's doctor has said that she is which I denied that the doctor's certification is false. And I am not ready to live with her anymore after all this has happened. Then the policeman turned to the opponents and ask them to take some 5-6lacs money and finish it with a mutual consent divorce instead of what they are asking[30lacs compensation + 17 lacs marriage cost]. They denied. The left. and policeman has told me that we will be called again. Could you please advise me in this matter.

 
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Scientist/Engineer

You must immediately consult a good lawyer and take his advice. The police officer has given you hint. He told the opposite party to take 5-6 lakhs. Did the opposite party tell the officer that they wanted 30 + 17 lakhs? The police officer will again call you. You take the advice of the lawyer as to what to tell the police. There is an association called Save Indian Family Foundation [SIFF]. It is an association of husbands harassed by wives and their relatives under gender biased laws similar to your case. Their head quarters is in Bangalore and their contact number is Phone: 0-9890974788. I do not know in which city you are. SIFF may have office in your city also.. They can help you to get a good lawyer. You can also visit www.saveindianfamily.org/
 
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