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Kaushik Nayak (executive)     19 September 2012

Please guide me

 

Dear Leagal experts & Forum members,

My family is going through a very bad course of time & need legal advise from you all.I seek your valuable suggestions on this issue.

My elder brother got married just two months back on 11th of July 2012 as per hindu rituals.We all were happy on this moment & enjoying family's first ceremony.But our all happiness vanished when we found ourselves cheated.We got shocked when my brother reported us about the mental illness of her newly married wife on the very first night.My brother noticed her unusual movement & strange behavior.Even she didn't allow him for any physical relationship.

Very next day we called her brother & repoted all these things.However,he explained the things in two versions.In first version he said once she was electrocuted,perhaps this the result of that accident.second version states,her sister is very childish in nature & doesn't know her role as a "daughter-in-law".We found all these two reasons very nonsense.However,we co-operate with her & advised to behave like a normal person.But we couldn't see any result.As a fact we came to this conclusion that she was suffering from mental illness before marriage which was not revealed to us.In this way we waited one month but she didn't improve herself.

Stress level of my brother was paramount & we couldn't see it.After one month my brother left home for his job.during his stay at home there was no emotional or physical intimacy between both of them.Finally we called her brother & advised him to see her a good mental doctor.We co-operated with him & took her a psychiatrist located at bhubaneswar.Doctor listened all symptoms & prescribed medicines for a month.Now one month is already over but we couldn't see any improvement.

Now we urged them for a comprehensive mental & neurological chek up to establish the disease.but they aren't co-operating with us fearing the truth will come to open.It has been two months she is staying at her own home & we are in no mood to bring her back.We want annualment or divorce from her.They have spoiled our happines & deserve an appropriate legal action.

So,my dear legal experts please guide me on the above issue & suggest how can we get rid of them.



Learning

 9 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     19 September 2012

hi, 

Cool , You file a petition of divorce in court on this ground , court will get check up of her in evidence , you can get divorce easily.

Sanjeev (Lawyer)     19 September 2012

Dont act in a hurry try to reach a amicable solution by talking to the elders on both sides. Any legal remedy initiated by you at this time would attract counter blast cases by them like 498A that would be more deadly for you all and would get entangled in legal criminal cases that are favouring women.

 

Dont tske sny hurried legal action as you wont succeed. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 September 2012

 

If the consent of your brother to the marriage was obtained keeping him in dark as a to this very material fact concerning your sister in law (i.e her physical/mental problems) then his consent to the marriage stands vitiated by fraud. That means the marriage is voidable and he can file a suit for annulment on that ground. He can also seek to avoid the marriage by proving that his wife though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children. 

 

He can get an annulment on the above grounds.

 

But I must advise you to proceed with caution, in end number of cases where the woman or her family are caught on the wrong foot and their fraud is exposed they try to shift blame by filing false dowry cases on husband and family. on how to guard yourself against such cases : read : https://bharatchugh.wordpress.com/2012/07/07/how-to-fight-a-false-498a-case-in-india-a-step-by-step-legal-strategy/

 

Good Luck !

 

 


Bharat Chugh

*Advocate Supreme Court of India

rajiv_lodha (zz)     20 September 2012

You can file annulment of marraige, but see, u have to prove her mental ilness+fraud they did to u.

Be prepared for retaliation weapons from her side, which come handy for her

Kaushik Nayak (executive)     20 September 2012

 

Dear All,

Thank you for your valuable suggestion & I hope your guidance will help us to overcome the crisis.I would like to write some more info which will help you guys to guide me better.

This was an arranged marriage & we accepted the proposal in a hurry without verifying her background.This was our mistake.My father is taking charge of all issues from our side & her brother is from her side.Despite of several phone calls when her brother didn't respond & my father went to her home recently.Her brother was not available at home hence my father advised her mother to get ready for a detailed check up of her daughter.My father also told them to send her brother to our home for further discussion.It has been a week since then still we are waiting to her brother to come.We have decided to inform them throgh registered post.But if he didn't respond them what should we do? It seems he is not ready to come to us & agree for a detail medical screening.I agree with you all that this is a very critical issue & should be taken precaution in every step.Please suggest me what should we do now? we made phone calls,went to their home,sent mediators but no result.What alternative is left other than legal action?

I also acknowledge your advise regarding the retaliation weapons from her side.So what can be done at this point of time.We were able to get the prescripttion copy from the psychiatrist when she visited earlier.Will it be helpful? & planning to inform our police station about the probable misuse of the 498a.Is it ok to do right now or we should wait?

Please guide me the further action plan as no alternative left for bilateral discussion & no chance of amicable solution.Please guide me as my family gradually going towards depression & I cann't see them like this.

Kaushik Nayak (executive)     20 September 2012

Bharat sir thanks for your reply.Please go through my recent post & suggest me the further action plan.

Kaushik Nayak (executive)     30 September 2012

Dear Sirs,

As per your advise we consulted an advocate to file annulment petition.First of all he suggested us to inform the police about the cheating & fraude in marriage,so that we wouldn't be victimized in false 498a case in the later stage.He has drafted the FIR for us where we request the police to take appropriate action against them.He told us after this step we will proceed to annulment process.My question is what is the scope of a police officer in this case & how we will be benefited from it? 

Some clarification required on annulment:-

1-We have no concrete evidence of her mental illness except a prescripttion from a psychiatrist which was obtained on her first visit.Since then she is not co-operating with us for a comprehensive medical investigation to establish her mental disorder.Is that prescripttion is sufficient to file a petition?

2-If that proof is not good enough,then can we expect court will direct her to get medical check up done?

 

Please do reply.Thanks.

498 A fighter (Advocate)     30 September 2012

kaushik first try to save your self from the womens attack of DV case and dowry case 498A becoz who did such fraud they are also prepared to attack they surely know if it get open then what to do to kneel down your side?

go for trusted advocated and without taking in the knowledge of in laws side start collecting evidence

if possible sent her to her house first and keep safe the records and tickets

that is the proof her going to her house and then record call from her side

it is clear that your brother is not satisfied and this will going to become a big issue and it may put clashesh between two families and obviously you are seeking advice from LIC means you people are preparing to move to court or seeking help from law  also your inlaws they are work on same strategy so if the matter isnot solve calmly thenyou must be prepare yourself for legal war . whatever was happened it happened it is your brothers destiny and now do not make the situation worst whatever you want to do think thousand times before doing

Kaushik Nayak (executive)     01 October 2012

@ tajobsindia - Could you please share your insight on my matter.I went through your opinion on various issues on this forum & found you explained things in detail.I seek your advice.Please help.


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