Civil Procedure Code (CPC)

VERY VERY URGENT


 

Dear Experts,

 

I have some family issue as follow : Kindly read and reply what action i have to take , guide me proper steps i have to take. Currently I’m staying in UAE.

I'm physically handicapped person. I get married on August 2008.At the time of marriage i have not demanded any dowry our gift from her parents or from him, I have give 80grams of gold as Mahar per Islamic law and get married. Now we have a kid age 1 year old.

The parents of the girl deliberately cheated me as follow

·          She was already married with another man they have suppressed this marriage to me. At the time of marriage registration also the girl has filled the application as Spinster & 1st marriage column has deliberately kept  blank.

·          And also disclosed with me that she is a B.Tech Graduate before the marriage & after the marriage they have advertised in the Local news paper on the day of marriage and along with her name B.Tech degree also incorporated. Also her father has given me the fake degree certificate to me after the marriage confirmation. But the true fact is she has not succeed WITH B.Tech degree still. on believing the word of her father and the document he have given to me I have  get married to her.

·          Now she is a mental patient . She was in regular treatment for her mental illness. After marriage on my limited visit she was seemed to be perfect, but recently I have faced lot of cruelty with me and child when she travel in uae and we are staying , on this time she behaved abnormally and disturbed us and flate mate and by the aid of city police in uae  we have admitted to the hospital and she became normal after 10 days. After that I have taken him back to india. I have all the reference of the treatment done in UAE, and also I have traced out the doctor in India where they are taking treatment hidden. I have the discharge summary of the treatment she has under gone in this hospital in UAE and the voice record of the doctor which I have spoken in India. Due to the medicine he have taken , she is not able to feed breast milk to my child.

After she went to India her father is threatening me and parents that they will launch a severe police complaint against me and my parents. In this situation I decided to divorce her and I need my child with my custody.

 

With respect to the above issue:

 

I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating.

 

Now I want to know, currently I’m in abroad, is there any chance to impose travel ban for me by giving false complaint against me. if I go to India for the hearing , how frequent I have to travel. If I stay more than 20 days I fear that I will have issue in my company regarding my job. I’m a physically handicapped person how I can protect my job & parallel I have to clear this issue. Is there any rules that I can give power of attorney to my father or relative in India to handle this issue.

 

Please advise ASAP

 

Expecting your feedback as soon as possible.

 
Reply   
 
Law practiece

First of all consult a good Lawyer.  You can get divorce where the marriage took place, it is proper jurisdiction to file a Divorce petition.   It is my better advice to you to go through a Lawyer.

 
Reply   
 



 

Dear Maha


I have send a legal notice / Advocate Notice to my wife , wife’s father , for cruelty, fraud in marriage & cheating.


Following is the demand :


Compensate Properly and also handover the legal custody of the child to me with in 15 days of the notice otherwise proper criminal & civil legal action will be taken against wife & her father. 

 

Now I want to know, currently I’m in abroad, is there any chance to impose travel ban for me by giving false complaint against me. if I go to India for the hearing , how frequent I have to travel. If I stay more than 20 days I fear that I will have issue in my company regarding my job. I’m a physically handicapped person how I can protect my job & parallel I have to clear this issue. Is there any rules that I can give power of attorney to my father or relative in India to handle this issue.

 
Reply   
 
Advocate

U r on the right track. You have already contacted the advocate and that's a good thing. U can file a case to nullify the marriage on grounds of fraud, cheating and treachery. Hiding material facts about earlier marriage which was still running at the time of second marriage with you and insanity at the time of marriage are  serious grounds for divorce. Yes, if you come to India, they may pose problem for you. However, you can be represented by your counsel/lawyer in India and pray for commission (leave for absence) on ground of your being handicapped. But all this would depend on the discretionary powers of the court. 

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Dear Author,

I want to know more facts regarding ur case. U can call me at 9871158578 for that.

 
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