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Sundarkannan   18 October 2017

Husband and his family lied about husband's bad habbits

I am north indian woman. I got married just 1.5 months back to a tamil brahmin boy.I was not told about husband's bad habbits before marriage. Husband and his family lied to me any family that boy is vegetarion , non alcohalic , non smoker. just aftre 20 days of marriage husband started drinking, smoking almost everyday. in drunk state he is raising hand at me. he is not letting me speak to anyone and trying to control me. in anger he becomes violent.

husband has taken approx 10+ lacs rs from me before marriage for repaying his debts. afeter marriage he took 2 loans approx 9 lacs on my name. His family knew about his bad habbits and vilent behaviour but no one told me before marriage that he is like this.

He is not even giving me on legal doc that he has taken this much money from me. not he is getting marriage certifiacate. I am not feeling secure with him. He lied about his debts also.

Please do suggest what best step i can take in this sitaution to make my life secure?



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 43 Replies

saravanan s (legal advisor)     18 October 2017

Do you have any proofs of transaction for money you lent to him before marriage.Hindu marriages are legally valid even if you haven't registered your marriage. As far as the violence by your husband is concerned try to sort out the issues amicably by talking to him either directly or through your relatives.if he still doesn't change his behaviour then you can file dv case on your husband and his family

Vijay Raj Mahajan (Advocate)     18 October 2017

In case you feel cheated by your husband of taking your consent for marriage by fraud about his habits which were not disclosed and because of those you wouldn't have agreed for the marriage, than you can move out of matrimonial home now and file for annulment of marriage. There must be in some records of your bank about withdrawal of Rs10 lakhs which you gave him before marriage. Also his taking loan of Rs 9 lakh in your name must be recorded and this money being transferred to his account or account of someone known to him. Collect the details of these money transactions which will further help you to show his fraudulent nature. You should simultaneously seek these amount back from him and on his refusal criminal complaint u/s 406, 498a, 420, 509 IPC should be lodged against him with local police. Stop all marital relationship now otherwise in his defense he will state that you condoned all his acts of fraud hence your annulment petition should be dismissed.

ali   19 October 2017

In my opinion, the person who has lied to you from the very beginning of life can make a compromise in two ways. First, you have come to see that your husband is a good and modifiable person and is determined to leave his bad habits to leave. And help if you want to be reformed, and you have no choice but to take a break.

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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2017

Dear Querist
if you have proof of transactions of money then you can recover the same from him after filing cases against him before court otherwise forget the same and try to settled the matter with him and go for mutual consent divorce or annulment of marriage as per section 12 or 13(B) of Hindu marriage act.

you have right to file domestic violence case against him before court and claim protection, right to residence, maintenance, and compensation under section 18/19/20/22 of The protection of women from domestic violence act 2005.

you may file dowry demand/ cruelty case under section 498A of IPC against him before police or Court.

feel free to call

Sundarkannan   05 November 2017

Thank you for suggestions. I have all the transaction details in my bank statement. Recently I got to know from someone known to my husband that in past my husband had taken some treatment also for deaddiction of alcohal or for some strange behaviour. This detail was also hided from me and my family. My husband is still drinking everyday. I left his house on 18th oct 2017 and staying separately in the same city for my job. Not even a single person in his entire family told us about all these things before marriage . Even now also no one is saying anything. No one in his entire family tried to contact my family till today. It has been almost 15 days he is alone at his home. His family ppl all went to banglore leaving him alone on his own. I am in contact with my husband over phone. Whenever we hv verbal fight over ph , he try to scare me that ' he wil do sucide'. he is not ready to accept that he is drinking .

Sundarkannan   05 November 2017

Now I am even scared of meeting him. I am scared he may take some wrong step in tention.

Adv Radhika Mehta (Advocate)     08 November 2017

As rightly suggested hereinabove, file a Petition for nullfying your marriage on the ground that your consent was obtained by fraud/ misrepresentation. 

Sundarkannan   13 November 2017

In how many months court wil grant permission to nullify the marriage, given I hv all the evidences of my husband was taking deaddiction treatment. And how much fee I will have to pay to lawyer.

matlabprozhe   25 November 2017

In my opinion, his family has many problems
انجام پروژه های متلب

 

Sundarkannan   25 November 2017

Under which section of hindu marriage act I can file petition for annulment of marriage? Under section 12 it's not very much clear about one of the spouse hided 'alcohal or drug addiction' And based on this ground court will permit annulment of marriage. Please let me know under which specific section it's clearly mentioned.

Sundarkannan   25 November 2017

Under which section of hindu marriage act I can file petition for annulment of marriage? Under section 12 it's not very much clear about one of the spouse hided 'alcohal or drug addiction' And based on this ground court will permit annulment of marriage. Please let me know under which specific section it's clearly mentioned.

(Guest)
Originally posted by : Sundarkannan
I am north indian woman. I got married just 1.5 months back to a tamil brahmin boy.I was not told about husband's bad habbits before marriage. Husband and his family lied to me any family that boy is vegetarion , non alcohalic , non smoker. just aftre 20 days of marriage husband started drinking, smoking almost everyday. in drunk state he is raising hand at me. he is not letting me speak to anyone and trying to control me. in anger he becomes violent.

husband has taken approx 10+ lacs rs from me before marriage for repaying his debts. afeter marriage he took 2 loans approx 9 lacs on my name. His family knew about his bad habbits and vilent behaviour but no one told me before marriage that he is like this.

He is not even giving me on legal doc that he has taken this much money from me. not he is getting marriage certifiacate. I am not feeling secure with him. He lied about his debts also.

Please do suggest what best step i can take in this sitaution to make my life secure?

Buyer beware says contract law, OLX tells this to each and every user.

Once sold cannot be returned, exchanged, no guarantee is a common board seen in electronic shops which sell china maal.

In marriage one can return product.  For that you need to get decree from court called as divorce decree.  You apply jointly, you get it in 6 months time provided 1 year of marriage over.
You apply individually, you might get or not get divorce in this lifetime.

Your money paid before marriage is gone.  Your money paid after marriage is also gone.
Both are long term investment to save your marriage.
But nowhere you seem to wish to save your investment.  That’s a pity.
He raising his hand on you is condemable.  You should not speak to drunk people.  They will at best shout or hit with whatever they get.  Stay away when husband is drunk and put plaster on your mouth on those times to avoid any injuries.

Divorce is a best option.  Adjustment is the only option if divorce is not on your mind.

Two ways there. Divorce. And adjustment. Which one to choose, where to speak, when to speak is left to your prudence.


(Guest)

If you go for annulment and fail, time waste.  if you succeed and want to remarry again you will have to apply for divorce, and divorce getting is not easy if other party does not agree for divorce.  It is total headache.  Better ask husband to limit drinking or you limit your opening mouth when he is drunk.  Marriage problems cannot be solved in any court.

Sundarkannan   25 November 2017

Both parties are agree for seperation.

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