Upgrad LLM

nullity of marriage


Hi.. I was married in 3/2009.  The family of my wife suppressed her health condition and got her to marriage.  On the same day of marriage, she fell unconcious and had to be operated on for one of the major surgeries of perforated ulcer with sepsis.   Later i found out that she was brought to the marriage hall from a local hospital without completing treatment just to get her married and she was suffering with the problem for last 2 days.  In the process, her condition got worse and we took her to a hospital and got her operated upon.  After nearly 20 days of hospitalization, she went to her father's house and staying there only.  Later on, not satisfied with her ill health and the family's response, we filed a petition for nullity of marriage in 3 months..  Her father is a central govt employee and he is blunt in saying that since i married her, now it is my responsibility .    I am a private employee and had to undergo a lot of stress and lost job, and i was dependent on others to complete the loans taken for marriage..  In March last year, they have filed for interim maintainenace.   Though, i argued for my joblessness, i was ordered to pay an interim maintainence of 5000 pm.  The father of my spouse is a central govt employee. 

My questions are:

1.   Can I get nullity of marriage with the medical documents and my marriage is not conjuagated.

2.   Is the maintaince order against me can be quashed based on these grounds or lessened.

3.  How much time would it take to get to hearing.. 

 

Please help me...

 
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Consultant

when did she fell unconscious, before of after marriage?

did she agree to non-consummation in her WS?

What medical problem she exactly has?

is there any proof this was not disclosed before marriage?

any fake criminal cases filed?

wat is her exact reply in WS?


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1.  Once before evidenced by our photographer, all through the marriage was in great difficulty with pain in abdomen, unable to stand or sit on her own, and after marriage at about 5:30 was in semiconscous state, not revealing to us what happened. 

2.   Yes, in their counter they mentioned that we are not seeing her after operation and are willing to get rid of her, so that is why we are giving false information and saying she is fit for conjugal life.

3.    Acute perforated ulcer of the abdomen with sepsis.  She underwent Exploratory Laporotomy with repair of gastric perforation with omental patch repair.  The recovery period for such operation is 6-12 months per doctors themselves and cannot gaurantee whether there will be need for reoperation.

4.   No proof, as we had to proceed since they kept under wraps by telling that she is suffering from fever just before night, but as per the records from discharge summary, patient was having symptoms for the last 2 days.  She was discharged against medical advice, (which the report is with them) from a local hospital without undergoing scanning though the doctor recommended. 

5.  No criminal cases till now. except for maintanence.

6.  In their counter, they also clearly mentioned that she was having abdominal pain the night before and they had took her to a local hospital and the doctor advised an ultrasound, but since the technician not there at night, they didn't take the scan and since the marriage was at 10' clock they brought her from hospital taking permission.  From night 11:00 pm to 7:30 a.m. she received IV fluids in the hospital per their confession in counter.  "Again the respondent got pain in the abdomen at about 11:00 a.m. and the same was informed by the respondent, but the petiotiner and his family did not care and continued other marriage formalities.  The petiotiioner and his parents neglected the advise of the parents and relatives of the respondent and became responsible for aggravation of pain in the abdomen leading to operation".  All through marriage, they said she is having fever and they are alleging this against me now.

I am really sad and depressed to see such parents, who think marriage is important than life.  In the night, if we didn't take her to hospital, as per the doctor, her condition was so critical that he couldnt have guarantteed her life.  Is it me responsible for this or the parents...

 
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The father of the bride is playing with my life as well as her life.  I was made scapegoat in this thing by loopholes in the law.  Even cheaters are rewarded with maintenance in our system.  Why the law is so biased.

 
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Consultant

try recoinciliation. it is not aserious medical problem. then why the hell did u marry her, why not stopped marriage there and then.


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The suggestion is like asking a girl raped to marry the person who has raped.

 
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propra

You are mixing the plight different genders with a example in a wrong context.

 

 

If your wife was going through like chemotherapy (which is told to patients about it well in advance) before mariage and she knew her medical condition which she concealed from you.....understandable.

 

But no such scenario in this case.

 

 

But probbaly wife also wasn't aware of ulcer and sepesis (caused by infection bacterial)

 

 

Above scenario  is certainly not a ground for nullity of marriage

 
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propra

Least damaging option...pay maint and get out of it

Don't go for annulment in view to avoid maint...


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Consultant

marriage is a relation of trust .once trust is broken its difiicult to live. u know ur real life situation better as u have faced it.

my view is keeping in view biased criminal laws.

also in this situation there is no ground for divorce as they can always say u knew it at time of marriage.

wat exactly did u plead?


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Sir.

My plead was since the marriage was performed with malified intentions and marriage activity could not be performed completely, to grant for annullment.

1.  They told me fever, not abdominal pain or something else.   I didn't even expect that it would go to an emergent operation.  On the other hand, they knew it from 2 days before marriage, they came to our house before marriage, but did not reveal.  Even when she was taken to hospital the night before, they didnt inform.   Just before marriage they told us that she is suffering from fever.

2.   I am not even thinking of reconciliation as the events post marriage/hospitalization went very sour as they were neither repenting nor making efforts to stabilize.  Just making only one comment, since I am married i should take her to my house and would be responsible for her health.  I made several attempts to take them to a counsellor or asked them to take me to a counsilor and then decide, but in vein.  Since the matter is in court, they said they wont come anywhere.  It is now almost 2 years now.  I have seen a person, who is a close relative of ours, fighting in the court with nearly 15 false cases by his wife for the last 16 years.  I already wasted valuable 2 years in my life.  I don't want to end up all my life in courts.  Is there any respite for me.  Since she is 25 years now they can wait for another 4-5 years to get her married, but what is my condition, I am now already 32... I also offered them to pay off the marriage costs, which would have incurred by them.   Her father who is a central govt employe earning good salary, just wants to send her off...

3.  Even if i was to pay maintenance, why should i pay 5000 Rs.  They showed my salary as 25000, but in fact it is not.  I am not a software engineer.   We get salary on line count basis doing a proofreading job, which we need to be accurate with good concentration.  but for the last 2 years i have lost 3 jobs, because i was not able to give them the accuracy they need.  Whom should i tell all these things.  I am paying up my bank loans by borrowing from friends.

4.  Why does it take court to give final judgement on this case such a long time... What is the use of such judgement if it is given after 5 years in my case, since it is depended on 2 lives not material things..

 
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