Need an urgent advice

the girl does not seem to be interested in coming back to her matrimonial home beacause there have been enough instances of contacting them but they do not respond Mr. Sankar

then only way to knock the door of court. and solve the problem amicably

right now its just her psychological health thts being toked abt and the fraud thy done to ur family..

ask ur bhaiya and bhabhi if thy want to be together or not  ?

so what if the marriage was arranged ....for a couple of time thy were with each other peacefully n happily..

rest if not then try to covince their family for mutual solution and to get ahead resepctfully and with dignity in life..

And its no way tht we suggest u to be human n all ..

aajkal log apne maa baap ka nahi karte jo sahi salamat hai toh defected wife ya husband kaun jhelega umr bhar...it needs a lot of patience and perseverance and no expectation for returns..its not a deal meant for life today..anyhow see how ur bhaiya wants it to be coz u mentioned he tried many a times for reconciliation..somwhr he does care for her..it seems..as id interpret..

Dear Friend

I am agree with  Mr. Harbhajan Singh

One thing Ld Members are not able to digest is that it could be a problem of matrimonial fraud.

As the lady had refused for CT Scan, there could be more than meet the eyes.

Once Bitten Twice Shy, of course the family of the boy has right to be cautious and take appropriate precautions, specially when the lady in question is not replying to any msgs from the boy's side.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thank you...

@Author

now I could understand the reason of CT scan.your case reveals the darker side of marriages through newspaper matrimonials.But I think it was your duty to make an enquiry about her before marriage.

@ Pooja Jee/SR,

I can quite closely relate to your problem as I myself is sailing on the same boat and more so because I also come from armed forces background with myself having served for almost 10 years (with a distinguished career and several achievements). The only difference is that, in my case, my wife was married to me just to get a husband tag, while she enjoys the company of her boyfriend at her parental place and she is not in hurry to divorce me or filing any xyz case  as Mr. X (paramour) is still unemployeed and hails from SC/ST community ( too big difference to bridge the gap of getting married, waiting when he gets a Collector Job in her district). Anyways, coming to your case,

You and all your family had already gone through what was never expected out of life. If not, then at least I am sure by this time you might have understood the gravity of the case and the trying times that you all will have to go through if the things are not sorted amicabbly in the interest of BOTH (Courtesy misuse of Woman protection laws). So no point in looking back and analyzing what went wrong?

Ask your Bhaiya to think with an open mind (as he is the one whose whole life is gonna be affected) what he wants from life?

There are two options:

1. Meet his wife talk about how they want to take the life ahead. Be firm, patient, sympathetic but very clear and firm. If works out for both of them, then fine.
2. Be ready to fight the case on merit (come what may). Go ahead and file case after careful planning as its not going to be smooth ride

@ Forum members - Now with highest regards, may I ask few questions to some of the members?

A defence officer in her carreer span within services is bound to get posted to different places ranging from the most inhospitable Siachen Base camp to the much cherished appointment as Military Attache in various foreign missions or even in UN Peace Keeping Operations in places like Mogadishu and Kosovo. Now these posting are not just postings, they are integral to any Militay Officer/Jawan's carreer path. Now when ever a personnel gets such appointment, he along with his family has to undergo a strict medical check (tens of test) and if someone fails, then he disqualifies. Now going by the present situation, Mrs Y would never subject herself to any such test leaving Mr X (Pooja Jee's brother) and his carreer at her will and mercy, Correct? Also it would amount to cruelty as expreseed by some of the learned members as this shakes her conscience and instills a feeling of rejection etc in her.... Correct? So all it sums up is that Mr X having failed to avoid the fraud in his first go should now pay for rest of the life including his carreer, correct? Please respond people .....

So actually who is undergoing torture? ...... Its Mr. X alone and no body else. He suffers on two counts

1. He would never come out of the feeling of being fixed in this "TRAP"? Anybody else can reconcile but not the Man in Uniform"? Even if he suppresses and hides it somehow, its going to haunt him time and again.
2. Secondly, coming out of the brightest institution like NDA with so much aspirations, if someone's carreer goes for a toss in first go for next 10 years for the fault of other how would it feel to me. This is applicable to all of us. So in my opinion, he is the one who is undergoing torture.

@ Pooja Jee/SR, for any specific advise (strategic in nature) contact the forum members through sending pm, 

Lastly, I Wish that "Justice Prevails"

Regards,

Rohit

Thank you Rohit...

You have understood our problem correctly. I wish you luck in ur case too.

Thank you Mr. Shonee Kapoor, Rohit, Utpala, Mr. Thukral, Mr. Quereshi, Aishwarya, Mr. Rizvi, Mr. Shankar and everyone else who have posted on my query. The response is appreciated. We do have an idea now as to what we should do. Thanks a ton to all. 

Regards

SR

C'mon yaar! Rohit!  Think from the angle of girl's parents.  When you sell yourself for a job, would you admit your weaknesses in front of prospective employer.  If the girl's parents admit the girl had such and such problems would she ever get a husband?  Doing the job of good salesman is not unethical.  We don't get married with women seeing ISI mark on them.

Suppose a woman had s*x with someone before marriage.  She and her parents knew the fact but concealed.  Her not being a virgin becomes a ground for divorce on the basis that they concealed a fact which is relevant for the husband?

12(1) (c) of HMA says :        

 that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner ⁹[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force ¹⁰[or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent];

And then it also says:

    (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

        (a) on the ground specified in clause (c) of sub-section (1), shall be entertained if-

            (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

            (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

Whether the concealment of a fact relating to marriage because of fraud or ignorance?  Or whether they have any thought about concealment at all or they just thought it is not important to report this matter?  These questions must be answered seeing the facts of case.  Let us say, the facts of some case suggest that they have no intention to conceal as alleged but just felt it is unimportant to reveal.  Just as a woman does not seek virginity test of a man, they thought a man would not seek the medical history of a woman.  But only if fraudulent motive is there it becomes a crime otherwise not?  Is the question of law because there is a victim.  But simultaneously there is no motive to commit fraud.  The people are good people, innocent by heart and court finds it unreasonable to charge them to be culpable of fraud with respect concealment of facts relating to her medical history.  What will it do?  There is no fraudulent motive, but there is victimization.  What should be done in such case?

I feel there is a lot for law to evolve in our country.

This is to say, mere discovery of a fact which goes against a victim after marriage may not hint at any fraudulent motive on the part of respondent because both are different aspects.  But if law presumes that mere discovery of a fact after marriage which victimizes the petitioner as a intentional concealment by respondent, then it is not a matured law.

Chandrasekhar you have very good understanding of simple logical Laws n issues thereto I must say. I am quite amazed by your verbatium comments to this tricky post.

Hi,

Immediately send a Legal notice stating all the allegations you have stated and stay for some time to check whats happening.

Your brother is entitled for divorce if the girl is suffering from infirmity unless the same is proved.

Hence Keep the medical records safe and use it as evidence during trial.

Pleas feel free to contact at advgokul at gmail.com