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priya (NA)     07 June 2012

Divorce petition

I got married last year and it was arranged marriage.

My husband had depression before my marriage (which I do not know before because every thing went on normal) and he was okay in my engagement and marriage. But after marriage I felt some thing different as he does not show interest in anything. So I came to my parents and living separtate after 1 week of my marriage. Both of us are software professionals and working too. It is 6 months from our marriage date now. I do not have any interest to live with my husband.

In this case can I go to court for getting divorce and also ask for compensation? Because my husband and their family did not tell about depression before? Please advice..



Learning

 11 Replies


(Guest)

Is consummation of your marriage happen? If no you can go for annulment of marriage.

priya (NA)     07 June 2012

It did not happen. So can I also get any conmpensation and the money that I spent for the marriage?

Adv. Chandrasekhar (Advocate)     07 June 2012

If marriage is not consumated you can go for annulment.  Even though the law does not stipulate that the petitioner can get compensation, you can try for it during the pending proceedings.  Otherwise, after obtaining annulment decree you can go for civil suit for damages.

MADURAI LAWYER (LEGAL CONSULTANT)     07 June 2012

Dear Mam,

If you can prove that your marriage could not be consummated because of the impotency of your husband, you can get divorce. However, it is only when you can prove that he being aware of his impotency even before the marriage, fraudulently concealed his condition to you and obtained your consent for marriage, that your marriage will be declared void ab initio and you can claim for compensation / damages from him. 

For any further clarification kindly feel free to speak to me on 9842197857.

 

https://www.jeevaganadvocate.com/contact.php


(Guest)

Dear Priya Madam,

                        I would suggest you not to go for divorce. Take appropriate treatment of your husband. Dont leave him behind when he is suffering from depression. Suppose if you had got depression, would he leave you?

Dont leave him when he has problems...............................please for god sake try every efforts to overcome his difficulties and problems and jointly tackle it.

Regards,

Sommu

manish (Advocate)     07 June 2012

sommu sir is right, pls dont take this step and put your own effort to understand your husband

priya (NA)     07 June 2012

I have already seen for 6 months to see if there is any change in my husband which did not happen. I think I will proceed for legal separation and claim for compensation. Thank you all for your response.

Amit (NA)     08 June 2012

Are you sure he is impotent?

How did you "see" for six months? You mean you just waited for him to change?

Depression is a medical condition. Get it treated through medical means. Take him to a doctor/psychologist.

If he is refusing to deal with you, how about his family? Are they too distancing themselves from you? Did you discuss this issue with them? What's their take on all this?

Only after you've exhausted all options (instead of just seeing for sometime for him to automatically change), go for divorce. It is your right.

Sandeep Naik (Advocate)     08 June 2012

Every respected adovacate has his personal opinion on this issue. What is ur personal opinion about ur husband that matters. You may get or u may not get it easily. What is ur future life as a divorcee ? U must have thought about it. Physical contacts are depend on the psychological condition as well as physical ability to perform . In every case u cannot called it as impotency. No male would accept it easily. There could be other reason which none of us ( including the above respected advocates ) know and we may giv u wrong advice. WE ARE TOUGHT NOT TO ENCOURAGE DIVORCE TILL ALL THE EFFORTS ARE EXHAUSTED . IT IS LIKE CAPITAL PUNISHMENT. THE LIFE OF A MAN IS PRECIOUS AND SO IS MARRIAGE. DONT JUMP TO THE CONCLUSION . 

Advocate Sandeep Naik (Mob : 99670 56980 )


(Guest)

Both of you are software engineer. You are capable of maintaining yourself. You are not interested in him but you are interested in compensation.

K.K.Ganguly (Advocate)     09 June 2012

I think you should give a chance to the  sacred institution of marriage.


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