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Hemant K Joshi (Advocate)     10 September 2013

Divorce law

Dear Sir

A person x got married with y, on the very day of the marriage, he came to know that his wife is not of sound mind, but by the time he had completed all the customs of marriage, and the ceremony was over. now he did not consumated the marriage, and very next day he sent her wife back to her home.

Since they resides to gather for a very short period of one day, he could not collect any documentary evidence for the illness. Now a period of 1.5 yrs. is completed they are not residing to gather.

Now what can be done to get a decree of divorce, the problem lies here

1. He is not having any proof of mental illness

2. He himself deserted his wife

3. Crueility can not be taken as they resides to gather for very short  1 days period

4. No other ground is practically available

5. In case of Medical board, the wife and his parents are influential and can manage the reports in his favour.

Kindly suggest  expert Advocate for the same at Jodhpur Rajasthan 

 



 1 Replies


(Guest)

Now what can be done to get a decree of divorce, the problem lies here

1. He is not having any proof of mental illness

 

Opinion: Regarding any proof of mental illness the court itself will send her for examination.

 

2. He himself deserted his wife

 

Opinion: Make this desertion as a ground for divorce on the cause of her mental illness and fraud done by them

 

3. Crueility can not be taken as they resides to gather for very short  1 days period

 

Opinion: It's totaly a fault of the husband as knowing the facts he didn't approached the family court for making his marriage null and void within one year.

Even he could have gone for voidable marriage after knowing the facts later on.But the party himself is admitting that on day first he has come to know her mental illness and he simply drop her to parental home.

See now marriage can't be termed as null and void or voidable marriage as the time has been lapsed.But he can try for the same as marriage is not consumated yet.

If not then,

 he can go on the ground of desertion 13ib and 13ia mentioning the reason that cohabitaion has not happened by both side as nobody tried for reconcillation.

 

4. No other ground is practically available

 

Opinion: Same as above.

 

5. In case of Medical board, the wife and his parents are influential and can manage the reports in his favour.

 

Opinion: Court are not private they are public.So,don't worry, court doesn't believe on mere certificates from private doctor's.They will again give order for examination.

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