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Ram (RPO)     27 August 2008

Clarification....

Dear Advocates…

Please clarify the following…

 

Marriage performed in Oct 2007. Bride’s “written statement” dated 16.12.2007 witnessed by her father and brother and medical prescriptions of a psychiatrist available with GROOM indicate that the bride is under treatment from 1998, for a serious mental disorder finally diagnosed by a very competent doctor as Schizoaffective Disorder (SnAD) at the time of marriage. All this was kept a secret by bride’s parents and they performed a ‘dubious’ marriage, detected by the groom on the first night itself. Bride left for parent’s home on 16.12.2007 itself after giving “written statement” confirming her serious mental disorder. Bride is still remaining at her parent’s home only.

 

Can this marriage be considered medico-legally as a FRAUDULENT MARRIAGE? Please clarify on this point specifically.

 

Can the GROOM proceed for obtaining a decree for “Nullity of Marriage” within one year from the date of marriage? How long it may take to obtain such decree if the bride’s side mischievously and wantonly contests.

 

Kindly note that there was no “consummation of marriage” during bride’s stay of 49days at groom’s house, which she left on 16.12.2007.

 

Your kind and immediate response is requested.

Regards,



Learning

 3 Replies

aruntrivedi (lawyer)     27 August 2008

when certificates given by all experts are of date earlier of marriage it is definitely a fraud. Before marriage they should not have supressed this material fact. You can file deposition of witnesses in way of affidavit-cum-declaration that this fact was not narrated by the parents of bride and this important fact was supressed and you have been cheated before marraige or at first meeting or at any stage before marriage took place and can sue them with allegations of cheating and you can claim compensation also on succeeding in the criminal case. Also file petition for divorce as well file complaint with Family Court or appropriate Court and obtain order restraining the bride for asking relief under Cr. P.C. 125 for maintennce since they have cheated you. Engage local laywer who can argue very well and convince the court otherwise a very well hanging sword of Cr.PC 125 for payment of maintenance is very good weapon in their hands also take more proper action which may stop them for filing Complaint under IPC 498. take care -

Guest (n/a)     28 August 2008

 


 


 


Dear Arun Trivedi sir,

Thanks for the quick reply.

Please clarify the following…

Can we file a petition now,

1.       For 'Nullification of marriage' simultaneously fraud case on bride's father for hiding the fact of mental illness...?

2.       When can we file a petition as Marriage took place in Oct 2007?

3.       And also how long it may take to obtain a ‘Decree of Nullity’.?

aruntrivedi (lawyer)     29 August 2008

File criminal complaint for suppressing the material fact though they had knowledge of their daughter being unable to pull on married life as she was suffering from major disease of Schizoaffective and simultaneously file for nulification of marriage on the basis of the medical certificates and reports which you have or if in case such certificates cannot be tendered before the court pl get the medical check up order from court for report of bride (i.e. yr wife) of herself suffering from uncurable psychological disease and file statement of psychiastrist that marriage life cannot be go on. I cannot say how much time court may take to decide and pass an order.  But make haste contact an expert lawyer also refer many such cases in the AIR wherein number of Hon'ble Court has held for nulification of marriage and as the material fact was suppressed the boys were cheated and therefore it was held that not being liable for any permanent alimony, compensation and maintneance. Hope this will give you boost.


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