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SR (Chief Manager)     26 September 2011

Need an urgent advice

My brother got married 6 months ago. It was an arranged marriage thru newspaper matrimonials. We observed a few things in the girl's day to day behaviour wherein she came across as a person with very weak memory, forgetful, confused, presumptuous, dismissive, self-righteousand sluggish in nature. The girl's parents and the girl had deliberately hidden the girl's medical history which were revealed to us recently by the girl. She had hypothyroidism since childhood and she also had her gall bladder removed due to stones thru an open surgery. Had we known such facts beforehand, we would not have gone ahead with this alliance. As a precautionary measure we went ahead and took a medical check up in which all these facts were made clear. She was advised to go for a CT scan further to analyze her abdomen for any damages due to surgery. Also to our shock, during the medical, another fact was revealed in which the girl was found to be suffering from bilateral hearing impairment. She was updating her parents of all these developments at her matrtimonial home. Just before the CT scan, she created a scene and humiliated all of us in the hospital and refused to come back home. She called up third party people to meddle in our internal affairs. She also went very aggressive, dramatic and incontrollable. She went completely hysterical and accused us of torture. Her father managed someone to pick her up as she refused our offer of dropping her to her native place. My brother tried to speak to her separately also but all in vain. She just wanted to leave us all. Finally when we realized that she is not going to stay back, we allowed her to go. It has been almost 30 days now and there is no communication from their end. My brother after so much of humiliation at her hands has decided not to reconcile as she appeared as a mentally disturbed person and is uncertain of her behaviour. He lodged a letter also at the local police station stating the events. How do we proceed further?



Learning

 55 Replies

Manas Prakash (Advocate)     26 September 2011

Hello!

You can file a Divorce Petition in the Court of Competent Jurisdiction under Section-13 1(i a)  & (iii) of the Hindu Marriage Act,1955 for cruelty and unsoundness of mind (insanity).Since, as you said that girl was of unsound mind before marriage and had some other medical problems also that has been not told to other party before marriage, so you can also go for declearing the the marriage void under section 12 (c) of the above act citing the reason that consent of the boy has been taken fradulently keeping him in dark.

Manas Prakash Sinha, Adv

07250239209

1 Like

SR (Chief Manager)     26 September 2011

Only after speaking to her mother/parents, she created a scene at the hospital and our home in full public.

How do we know that she is mentally unstable? Was it just a momentary fit of desperation or fear as all her medical facts were revealed to us? Does the following medical facts can be a ground for anullment?

1.Hypothyroidism since childhood

2. Gall bladder removed in young age due to stones thru open surgery. Spleen enlarged.

3. 70% bilateral hearing impairment on high frequencies.

Had we known all these things before marriage, we definitely would not have gone ahead with this alliance. She also humiliated us in public and falsely allegated that she is being tortured. There seems to be a constant monitoring of her matrimonial home by her parents. There definitely is parents interference in the matrimonial home. Can we quote all this too while filing for divorce? How strong is our case to settle for mutual consent or we can contest it ? Any alimony to be paid? I hope we don't have to pay any alimony for this as this was a totally decietful marriage.

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     26 September 2011

YOUR BROTHER IS HAVING A VERY GOOD AND GENUINE CASE FOR DECLARING THE MARRIAGE NULL & VOID. YOU MUST FILE THE DIIVORCE CASE BEFORE THE CONCERNED COURT  ON MEDICAL GROUND AND YOU WILL WIN THE CASE IN ANY CIRCUMSTANCES.

HELPLINE:CLA2009@REDIFFMAIL.COM 

1 Like

Md Zaryab J Rizvi (Principal Partner)     26 September 2011

Dear Ms Pooja,

 

The Situation described by you is indeed sad for your brother and your family. Based on the Information given by you, I am of the opinion that you should contest the case in court of law and seek divorce from the lady. As rightly pointed out by Mr Manas, the marriage is void, because the same doesn't have free consent. The consent in the present case has been obtained by gross concealment of facts. 

 

The Court may appoint a medical board for examination of the person on the medical fitness. That should help to coraborate your allegations. 

 

Lastly, usually in mutual consent divorce the parties settle the matter on a heavy alimony amount, and I don't see why the present case would be different. The girl would under all probabilities ask for alimony to give her consent. So keep the said situation in consideration you should contest the case in court of law as you have a decent case, if the same is handled with care. 

 

 

Hope your query is answered.


Regards,


Zaryab Rizvi 

Advocate - Delhi

0-99997-84700

1 Like

SR (Chief Manager)     26 September 2011

Thank you all so much for your advice. It has given us a great deal of confidence and assurance. I am really greatful to all of you. Lastly i would like to know if ths girl can press false charges against us? If yes, what kind of charges and how do we counter it? It may be noted that the girl left her matrimonial home a month back.

H. S. Thukral (Lawyer)     26 September 2011

All the ailments which you described with allegation that she suffered with before marriage would not constitute a valid ground for divorce. Her behaviour in the first instance appears to be a reaction from constant harassment and forcing her to go through various medical tests.  Sometimes it so happens that the ladies of the house say mother/sister/sister-in-law of the groom start observing the new comer with a sense of disliking . The bride does not get free atmosphere to interact with her husband and come closer and settle in the family. Don't you think that within 6 months time you have discovered so much about the girl with your keen strict observations. The poor girl all this time shall be feeling inferior/stranger/rejected. Her outburst is natural in the cirucmstances.

Your brother feels humiliated but do you realise how the girl would have felt when she is being subjected to all sorts of clinical tests. Treating her as a dreadful patient !. If the girl has not filed any complaint under the matrimonials laws so far she deserves praises. So withhold your Police complaint and further advice including given to you in these columns.  

If you people  go ahead with the divorce petition, you shall be spoiling life of your brother also. Mark my words. I have in my practice seen youngs turning olds in divorce petitions without results.  

Mind you the ailments you mentioned in no way interfere in normal married life. It is only how you look at it. In my opinion the husband-wife should be given a free hand to live their married life without any watchful eyes.   The girl needs care and love of your brother.      

1 Like

Roshni B.. (For justice and dignity)     26 September 2011

I am in complete agreement with Mr Thukral's advice.

 

Any newly wed will react aggressively when treated like a defective "object",which is being subjected to scrunising from everywhere.

 

I agree that newly wed brides have a harrowing time,especially when they have female in-laws around.This conduct is responsible for the mushrooming of nuclear families everywhere,which are demanded by newly wed girls.Because no one wants to get bullied by female in-laws constantly.


(Guest)

It's good that today's DILs demand a separate home.I can v.well empathise with the girl.

 

On one hand you say that the girl seems abnormal.On the other hand,you say that she used to update her parents about her ailmement regularly.

 

How can a mental patient update like this?Will she be alert enough to update of any new changes in her medical condition?

anubhav (student)     26 September 2011

Respected Sir
                     My father applied for house property before marriage and also  nominate his brother and sister name for such property in case of his death in the application form.then he got married and after marriage such property is registered to his name(it is self earned property). Unfortunately he expired last year.

Q1. Now Is it possible to transfer such property to my mother name without consent or NOC by father's brother and sister. He left no will. We(me & my sister) have already submitted released deed in favour of my mother name. we have no succession certificate.

Q2.   If my father's brother and sister have any objection in such case what will i do?

Q3.    Do father's brother and sister have any Legal Right on such property or not.

Q4. What is the status of  my mother legal Right in such a property.

Kindly give me advice as soon as possible.

Regards,

anubhav

SR (Chief Manager)     26 September 2011

It seems my brother's case is not understood well by Mr. Thukral or for that matter Ms Roshni. May be whatever they quoted is a regular scenarios these days but that does not mean that all situations are the same. We had a communication with the girl before she left and pleaded her to stop but all went in vain. Her husband promised her of starting afresh but all went in vain. It is very simple that no sane person humiliates people in public. Our whole point is her display of an uncalled behaviour. She left on her own accord and may be she did this because of the revelation of her medical ailments. There is nothing in this world which can not be solved with communication provided if the other party is ready to communicate. Just for your info, she disclosed it to her matrimonial family just 2 days before the incident. We belong to a status family and do not resort to such things where we can rule the life of our son. I am extremely disappointed at the replies recieved at the end. We all know that there can be instances where boy's side can be kept at ransom for the girl's demands. God knows that who is right and who is wrong. Justice will prevail. Thank you anyways.

Md Zaryab J Rizvi (Principal Partner)     26 September 2011

Dear Pooja,

 

The general presumption is against the Husband's family as the girl leaves her house and comes to the husband's house. The problem with the society is that we see everything by a single glass and usually generalise things without looking at each instance seperately. As in my opinion given to you earlier, I have clearly stated that believing what you have said I came to the said conclusion. 

 

I respect the opinion expressed by other people, indeed they are correct but the only problem is that they have generalised things. May be they have always had clients who were genuine and who did not misuse the protection laws for women. But the fact of the matter today is that Women protection laws are commonly abused by people and the actually suppresed ladies suffer because of that. In our daily professional life we come accross people who are either wanting to misuse such laws or are actually using them. These laws have become tools in the hands of wrong people and some professionals as a tool to harass the Husband and his family, which finally leads to a heavy amount of alimony. The Irony of all this is that genuine ladies who are innocent suffer largely becuase of such professional abuse by vendictive people. 

 

Your brother had trusted the girl and his family and was indeed cheated. It is hypocracy that first people cheat and after being caught try to put the blame on the other party. No marriage should be broken it harms both the couple. But if such people who do not wish to be together than the consequences are even worse. 

 

Every effort shall be made to reconcile the couple, but it should always be kept in sight that such reunion shall not cause a bigger loss.

 

Regards,

 

Zaryab Rizvi

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 September 2011

I disagree with Mr. Thukral, Princess and Roshni. There are things which are mistakes and there are things which are deliberate. Hiding serious medical history, which was very much in the knowledge of the girl's family can not be stated to be the mistake. HMA itself says that the ground of annulment should be there when the facts hidden was found to be so important, that if declared before the marriage, deliberations would have stopped and marriage would not have been performed. Also, once such things start people react in strange ways. Pooja Verma, your family should take the possibility of girl and her family filing frivolous 498-a, DV, Maintenance cases against you in consideration, if you want to get out of the situation with minimal damage. It would be good, if you guys are in touch with a good lawyer in your city and that of city of the girl's family. Also start attending meetings of Save Indian Family, which happens in most cities. Find someone close in your locality, who has gone through such drama and be in constant touch with them. Regards, Shonee Kapoor harassed.by.498a@gmail.com
1 Like

SR (Chief Manager)     27 September 2011

Thank you Ms. Shonee and Mr. Riyaz.

We belong to a defence background and are petrified by such misbehaviour at her part. We have never seen such a misconduct ever in our lives. We are people with very high integrity and morals. My brother never even hurt a fly in his life. My brother who is a reputed defence officer is going thru a very tough phase and is not able to get over this humiliation. All members of my family are scattered at different cities and can't be together because of our job commitments. Life has come to a standstill.

We all, as a family tried to communicate with her before she left and told her to calm down. We have even tried contacting them through emails and phone calls but they didn't reply. We even suggested that my father and brother will go and drop her to her place but she was totally out of control and adamant to leave on her own. In that hysteria, she even got violent by pushing my father and brother aside. It was very painful and shameful to watch my family go through this. She quoted false statements on th phone to her family in front of us and third party people who she had called and collected in our society. 

I am really thankful for all the advices recieved on my post. I would like to know if someone can help us in Chandigarh for this as our permanent address is there. We might get together there during diwali vacations.

Adv. Chandrasekhar (Advocate)     27 September 2011

I totally agree with Mr. Thukral for the reasons he stated in his response.  After reading the initial and further responses of Pooja, I wish and pray to the God that the daughter in law will file Section 498-A case against Pooja and company and put them behind the bars for the full term of three years for harassing her with such mental cruelty.  If she files any case that is not a fake case and finally the justice will prevail. 


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