Husband and his family lied about husband's bad habbits

Originally posted by : Sundarkannan
	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.

You can file under Sec 12, clause c of the HMA which talks about consent to the marriage being obtained through fraud. It all depends on how you frame your case.  

Originally posted by : Sundarkannan
	Both parties are agree for seperation.

Even if the both of you are agreeing to take a Divorce by Mutual Consent, you cannot file a MCD Petition before one year of seperation. 

Thank you mam.

In my case along with my husband also my in-laws(father/mother/sister/brother in law, wife of brother in law) lied to me about my husband's alcohal addiction and his treatment. all people in my in laws family hided all this from me and my family before marriage and after marriage also. Now when truth is all open, then no one is coming to face me  or my parents. I will file 420, 406,34 case against all of them. I have evidences that all in laws people have lied to me. if i file case then who all will be arrested and will they get bail soon after their arrest?

I would advise you not to unnecessarily get drawn into criminal litigation as far as possible as the situation and things will get more acrimonuous and unnecessarily complicated.  Focus on getting out of this sham of a marriage at the earliest so that you can move on in life. 

Thanks for this advise. But my hard earned money approx 25 lacs is stuck in this fruad family. Unless they are sent to jail they will not return my complete amount. They hv simply made my life a joke. All of them must be punished by law.

My husband was taking deaddiction treatment since more than 10 years. And during 10 years of period he was admitted to deaddiction and rehabliation center 4-5 times. All these things he and his eantire family hided from me and my family. Even today my husband is admitted to deaddiction center for 3 months. Ofcourse his mental condition is not good. Because in drunkan state he does unusual things as if he is mentally unsound. Before marriage i met my husband and his family only once. Now when all his family people are involved in this crime then ofcourse they all are responsible to return my money with the damage amount. Because of this marriage i took relocation to chennai from office. Now i am stuck here. I want justice. Because for me EVIL can never beat TRUTH. I feel my case is very strong. In last one month 1 spoke to some lawyers, but many of them wanted to take advange of my situation.  I know that for a women fighting such case is very difficult. But ofcourse in every work field genuine people are also there.  I need a strong genuine professional lawyer who always fights for TRUTH. 

This is a fit 498A case. You can say whatever amount you had given was dowry.

The very fact that he hid about his deaddiction treatment/ rehabitilation is a good enough ground for getting your marriage nullified.  Collect as many proofs and papers as you can. 

As far as your money is concerned, what proof do you have regarding the transfer of money? How was the 25,00,000/- paid?

Even if there was proof and evidence of the money lent, it will be very difficult to legally recover it. One can only try through blackmail with 498A, DVA etc. Or the whole marriage episode should be alleged as a fraud to get money and Section-420 should be alleged. She should claim nullifying of the marriage, getting back all money paid with interest and jail for the husband. And probably involve other members of the family also under Section-120B IPC for conspiracy. They say love marriage is marrying a known person and arranged marriage is marrying a person hitherto unknown. Where is prior knowledge of the person in this marriage?

It was not a love marriage. I connected to my husband through one of the matrimony website. And just after 15 days we both informed to ours families. My husband and his family they themselves invited us to chennai to meet them. We went there for a formal meeting But to our surprise they had already done all arrangements for the engagement. Unaware of the reality and their false intentions we got engaged. My in-laws and other present relatives behaved very well. Bcoz it is a upper cast brahmin family we thought they are good people believers in God. So since starting both families were involved. They hurried in marriage also. Before marriage for 5 months I was in contact with husband, in laws, sister in law, brother in law. But not a single time any of them even given a hint of all this nonsense. For money, I hv all the bank transactions details. After marriage also I was giving money for their daily expenses.

Even after marriage when everyday drama started happening, my in laws or other people did not tell me reality. Then when I gave them warning to file police complaint, they ran away to banglore.

It was a clear fruad becoz my husband has huge debts that too he and his family hided from me and my family. It was their plan to use me for repaying their debts. Thtsy just after 15 days of marriage my husband emotionally blackmailed me to take personal loan on my name. I had had to take loan of approx 9 lacs for him. Now that my husband has been fired from his company. His job is also gone and he is admitted in deaddiction/rehabilitation center for 3 months.

Sndarkannan, 

i feel here, dal meim Kutch  Kaala hai. You say you are a North Indian woman. You re married to a Tamil Brahmin boy.  Was it a love marriage? Most probably, yes. Then how come you blame his family that they hid the truth. You must have known him for sometime. You say you lend him  a huge amount before marriage, then it may not be an arranged marriage. Where was your family then? Have you got a good job? Are you well qualified? Otherwise how did you have so much money to give him?  

Anyway go ahead and file cases against him . There are so many.  At least you will have somewhere to go . A variety of courts to keep yourself busy.

Rishiji, I think you did not read my post properly. I have clearly mentioned since starting both families were involved. Love doesn't happen in 15 days and tht too over phone, it's impossible. I am not a college goer that I wil fall in love with someone over ph. And bcoz I was contacted by this guy thru a matrimony website so since starting I had informed to my family. And same was in this guy's family. Daal me kuch kala nhi he. It is a clear case of fruad.