Seeking Help

I think you had posted this query in lawguru website long time back,and you had got some responses also.Right?

I remember reading a similar query there also.

Anyways I feel you should have informed your husband and inlaws before marriage about this surgery.

Because all people are not the same.For some,such things don't matter at all,while for others,they do matter a lot.

Kindly wait for legal experts' advice on this.

Have a good day!

@ Author


1. Exact wordings of his merit 'grounds' of his divorce not known however the past incidence that also 10 yrs. before marriage does not cover under S. 420 IPC (cheating) if such criminal definitions reverse taken as civil grounds to dissolve a perfect marriage. In my opinion if 'cheating' due to past c1-c2 / lumbur spine or cervical spine rod fiaxation / screws whatever you had not told to him before and at the time of marriage is no grounds even if HMA Amendment 1976 broader principals are taken.


2. But, your RCR will succeed.


However a very tricky personal issue you have brought into a legal forum whose answers purely lies in “joint” matrimonial counseling now that he has become a proud father !


I somehow can't say more it is "too personal" a private issue and your age is very very tricky and for probably both of you too in proprtion to urbane expectations (sorry)!!!!!!

Well, all the best. 

 @ Author - I partly disagree with tajobsindia point#1 for hiding of material of any material fact would amount to cheating,

i Completely agree when he say you will suceed in RCR - point is he cme to know about this after one month of marriage but still continued the conjugal relationship...he himself has waived his right...

as suggested try counselling....

i am sorry Rajeev jee... did not notice the change of name  

on what grounds / under which section he filed divorce? give details?

Hi,

He filed under section 12 of the HINDU MARRIAGE ACT

Hi tajobsindia / Rajeev,

Yoy mean to say my RCR case will succeed and Court will not accept for divorce right?

I wish My husband will come back to me

Thanks a lot for your response

@ Avnish

I think S. 12 (1) (d) (2) (a) (ii) are assumed grounds and no need for the lady to verbatim read out paras upon paras of his suit - got it !

1. Joint counseling more to hubby is the basics here which the lady can request no. of times before concerned Court and if the matter before Family Court then it is in her favour that counseling upon counseling shall happen as approach of Family Court is to save a marriage which is radically different than Ordinary Civil Matrimonial Courts - right!


2. If a lady does not want divorce then even on above assumed grounds it will be very difficult for hubby to prove his grounds now that due to physical relations baby is born out of the wedlock. Summary throw out such prime facie suits is my opinion.

What you may think Avnish now you got the ans to your Que.???

Hi Rajeev,

Frankly speaking am not aware of the procedures once after we file the case,

As per our advocates suggestion, we had called him for mediation but he refused to come and forcing/begging me to sign for second marriage.

Can you please let me know what will happen if mediation does not takes place? what are the next steps for our case in the court

Thanks in anticipation

@ Author

1. In the words of wisdom of the then Chief Justice of Mumbai HC and I quote him in simple way what was the zist of his then interview given to TOI, Mumbai edition on the eve of his retirement and he said “a layman when approaches a Court need not know law and all a layman knows approaching a Court is with his / her institution (gut feeling) that he will return happy and it now becomes duty of the Court to dispense Justice based on keeping a layman happy that Justice was actually done in his/her case and not that justice seems to have been done and that is what kept me going before this High Court all these years, I was simply delivering Justice to common men ”  !


2. Mediation proceedings are conducted maximum for 90 days and even under extra-ordinary circumstances it may extend to 120 days. Meaning thereby if on first date of mediation he has not appeared then a soft notice could be sent to him for attending next date and so on so forth.


3. Mediation is the first approach of any Family Courts and if it fails the file is returned back to Court to proceed further as per Law. Again a Family Court since performs its duty slightly differently than ordinary civil matrimonial Courts and has power to make its own Rules to conduct business of the Court you may request for joint counseling of parties by trained councilor of the Family Court citing that you donot wish to break your marriage now that a baby born out of wedlock and so on so forth.

I am sorry to add I finished my bandwiddth on this post by posting three times and at the end all I can say is 'have patience'.  

what need is there to inform the husband and in laws if she has become normal. so what happens if a day before your marriage you get cold and you take medicine for it. so the next day before the grooms ties the thread will you tell about it, if you don't should it give the right to the groom to refuse to marry or divorce after he latter finds out?

i think the issue is something else entirely, maybe he wants have free life with many women. it is good not have relations with these kind of people.

Ha ha !

You are reading too much into my words and comparing a common cold with a major surgery.

Well I just told her that all inlaws are not so broad minded that they will accept a daughter inlaw who has had a major surgery.So she should have informed them,to avoid any future complications.

I know a girl who had thyroid problem prior to marriage and she informed inlaws before marriage about it.Yet they accepted her.

So it's always better to inform such things.

And you are getting too personal with what I said,although I d nothing to the author.duid not mean to hurt or offend the author.I said it in her welfare only

I don't understand why people cannot apply their mind before replying..

And you have a habit of dwelling upon each and every word I say,Zimmer Zapper,as if you are interviewing.It gets irritating answering  to you each time,to your odd and silly questions that you put forward without understanding what has been said..

Think of your child . Do not give your husband no objection to marry another women.

Under the provision of the Law he can not get Divorce.

just to put your mind to rest, i'm not doing this to only you. you'll know this if you read my posts. i reply to or question something i find interesting. bye