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498A Missile (Engineer)     16 May 2012

Section 12c, desertion & cruelty


I need your advice, please go through the mail.
Married:- June 2008
My wife:- Left me in August 2008 and joined with me after few counselling with our elders in Feb 2009. She stayed with me for a week and left me and never returned.
Baby born: November 2009 and they didn't inform our family. We sent many of our relatives to bring her back and no further development. She is working in Chennai.
I'm in US came here November 2011. She criticized and accused me in many ways like i don't have money, black colour... etc....
She is not ready to join and she told to our relatives that she is not interested to live with me anymore and the money bargain was there till November 2011. After that no more communications and they are keeping mum and we reached them but they are not telling anything. She is threatening us that she will file 498A.
We consulted our lawyer and he is asking us to go for RCR and he refused to go for RCR previously. Now he is suggesting to go for it and we don't have any other way.
One important thing:-
I'm belong to BC community and she belong to MBC community and got her marriage profile registered in my BC community but her community certificate belong to MBC community. After marriage, we went for the marriage registration and found out that she was from MBC community. We asked them many times and they are keeping mum and not giving enough explanations. We have enough proof on that (her marriage profile BC and her Community certificate MBC).
She is having Thyroid cancer and Hearing problem. They didn't inform us before marriage. Got her ear operation after marriage and we have the proof.
My questions:-
1. The above fraud and health matters falls under hindu marraige act section 12 C - Fraud.
2. Please guide me how to take this matter to the court and don't want to file RCR.
3. After marriage registration only we had lots of issues came that they cheated us 100%.
Need you advice to take it further.
with regards,


 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 May 2012

It is better to go for miutual divorce if she is ready.  If she is not ready go for divorce u/s 12c and other grounds like health etc,

N.K.Assumi (Advocate)     16 May 2012

Agree with the above learned responds. But Enough is Enough, and we need to re-write this provisions or scrapped it. we are condemned internationally by this provisions, by issuing Travel Advisories Warning to their Citizensagainst 498a extortion, a horrific image internationally in our legal systems, and even UNO etc has taken cognizance of this malice laws, though our women organization tend to hide it.

Anjuru Chandra Sekhar (Advocate )     16 May 2012

If you don't present your case properly you will attract Sec.12(2)(a)(i) of HMA and lose the case.  Facts as you presented are already against you in view of that section.  Better go for Sec. 13(1)(ib) of HMA.

SURESH KALAGA (secretary)     16 May 2012

Dear Brother,

Caste hiding & cancer hiding is not a sufficient ground to give divorce from her though it is a fraud in nature. These things may can help you to represent her deceptive attitude in the courts. Better you speak and convince her to proceed with mutual divorce.  This is the fastest and furitful relief for yor case in case you do not want to file RCR against her. 

Note: If you have any doubts, please feel free to contact at

Nadeem Qureshi (Advocate/     16 May 2012

Dear Querist

youcan simply file a declaration suit for declare this marriage Null and void according to sec 12  (1) (C) of Hindu Marriage act. but there is a limitation period  according to section 12 (2) (i) and (ii).

feel free to call

498A Missile (Engineer)     16 May 2012

Thanks all for your responses.

Is there any judgements, if so please provide me the details and your help will be very much appreciated.

1. She is not interested to carry out the martial relationship with me because she is working.

2. Her father, mother & brother not working, they are all dependents on my wife and they are living in rented house at chennai. They don't have no other income and living with my wife's expenses.

3. Till november 2011, they agreed for the mutual agreement for nearly 50 lacs. Now they are keeping quiet.

4. They cheated us all the ways like Caste, Ear and lots of money issues.

I'm trying to get some more valid points from our legal experts.



498A Missile (Engineer)     16 May 2012

I have few points and does it comes under cruelty ?.

1. After three weeks of the marriage registration. I asked her why they cheated us on the community, on that night. She took two knives and kept that in her stomach by saying that she will kill herself and put all of our family members in jail. If i ask any thing like that.

2. She keep on forcing me to live with her parents and to give my salary to her.

3. She had thrown the mangal sutra (Maangalyam) many times infront of her father and my relatives.

4. They are not allowing me and my mother to visit my daughter and she is 2+ years old.

5. She scolded my mother many times infront of her family members.

6. She keep on criticising me on color, salary and many other things.

7. She used bad words on me and my mother.

8. My mother bought some dresses for my daughter and she thrown all the dresses outside of the house.

Need advice... I'm deserted from February 2009 to till date.

Looking for some judgement copies. I would really appreciate, if you could help me on this issue.




498A Missile (Engineer)     16 May 2012

Some more points.

1. My younger bought some toys for my daughter and she thrown all of them outside of the house and she asked him to get out of her house.

2. After three weeks of the marriage.... Their family members threatened that they will kill me. (Her brother, her uncle and some of her relatives).

3. She used to scold me like Psycho and impotent.

4. Her family members criticised me that i'm having external affairs, mentally affected.....

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