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Mia (Engineer)     21 April 2013

Wife didnt know husband was married earlier

My Friend  Ria was married to Tony through arranged marriage about three years ago. His name is Tony and few things about him that made the marriage difficult.  Ria is a fairly attractive girl with good education and family background.

Tony was impotent.  Tony was a wife beater ,  chain smoker and drinker ,   not consistent in his jobs. etc

Ria was brought up abroad and moved to be with Tony husband soon after marriage. Ria insisted treatments for impotency and tried hard for three years to make this marriage work ever after Tony was constantly beating her.

Lack of support from her parents too she decided to move out and file for a mutual divorce which Tony seemed keen on too. She also figured Tony was having an affair. having no time or support  and not wanting to wash the dirty linen in public Ria  was still going to go for divorce by mutual divorce but Tony’s mediator insisted on settling dowry etc only once the divorce was over. Tony went abroad onsite and Riais waiting in India trying to figure out how to get this divorce to happen.

Ria run’s into Tony’s cousin who reveals that  Tony husband was married before and with a little research Ria found Tony’s first wife - Amal who confirmed that She and Tony was married  for five years and Tony’s parents threatened her into divorce. Amal also confirmed that Tony was impotent and wife beater and that’s the reason she also let go of him. Now Ria is obviously shattered.

While mutual divorce seems to be the best way out for her, she cannot ignore the fact that she has been cheated and Tony and his family is easily making the world know that Ria was barren and hence she cannot have kids.

She wants to bring Tony and family under the law having lost a marriage, life and support of her family and having to live with a social stigma.

  1. How can Ria book Tony & Family?
  2. Amal has given only information like which dates they got married in which state and which date they got divorced. Amal now has a new life and doesn’t want to drag herself into this. Can Ria do anything by just obtaining things like divorce certificates?
  3. Any good reliable lawyers in Kerala as Ria has minimum support from her parents despite knowing the truth.
  4. Ria has had her feet broken and it’s been about two years . Will those medical certificates be good to file against domestic violence?

Any guidance appreciated.




 14 Replies

ajay sethi (lawyer)     21 April 2013

1) rita can file complaint under provisions of DV act and seek protection order against her husband . you have not mentioned whether any police complaints have been filed by Rita against her husband for physical assault . it will help rita in her Dv case .

2)rita can ask for right to stay in shared household , maintenance from her husband . ,

3) you have stated that husband is impotent and marraige has not been consummated till date . rita can also file for divorce on grounds of cruelty . iif marraige had not been consummated she ought to have applied for annullment within first year of marraige .

4) the meidcal certifcates of tratement undergone by husband for impotenncy will help rita in her case .

5) for lawyers in kerala search LCi data base .

1 Like

Mia (Engineer)     21 April 2013

Thanks Ajayji

Ria has not filed any case against her husband Tony as her intention was to make the marriage work.

What is her issue right now more than maintaince or DV is that her husband was married earlier and she would like to bring that to court that she was cheated.

Tajobsindia (Senior Partner )     21 April 2013

I partially disagree to one (first sentence in para 3 and complete para 4) of ld. brother Ajay otherwise sound advice;

1. Ria says that they tried to cohabit for three years and she also says she helped him with medical treatment / shown interest. Thus it shows they were cohabiting as husband and wife inspite of knowing / discovering about his ‘impotency’ and she was party to medical treatment too so same cannot be taken now as ground for ‘divorce’. Infact the every fact of cohabitation r/w party to treatment itself condone such mental cruelties is my view.  

@ Author

A MCD Decree will not talk about allegations of Ria being barren. Any prospective would be is interested to see clear Decree and social gossips cannot be controlled even if cheating case made out.

To me even cheating case cannot be made out because ‘cohabitation’ was taking place between couple r/w interest in impotency treatment followed by filing jointly Mutual Consent petition till one party went off-site wherein all other discoveries started being discovered one after another.

Nevertheless it is a interesting brief. 

2 Like

Mia (Engineer)     21 April 2013

Thank you all. the marriage between Ria and Tony were a christian one in Kerala. and as per rules of the Church Tony wouldnt have been allowed to get married in the church after a divorce to Amal unless he had taken special permission etc. This has not happned so as per church register too, he was "never married" Ria wanted to make this marriage work and hence she was opting of MCD.But since Tonys parents are shifting a lot of blame on her in an attempt to get Tony married a third time, she just wants to expose it. Is that a wrong thing to do? If so, what legal support does she have?

Mia (Engineer)     21 April 2013

Ria has also never filed any case for DV because her intention was to make the marriage work for her and Tony and that is why despite him being impotent, she was willing to undergo any medical help.


but clearly Tony was cheating her as one thing I forgot to mention was that Ria's dowry and Gold are in custody of Tony's parents. Since Ria doesnt have support from her family as they do not get a  clear picture of what Tony's parents intention are.


Now with the MCD Tony and his parents do not pllan to return the Gold or Money and Ria was okay with even that in an attempt to get out of the marriage. but once she discovered that he was married before, she do not want to let him scottfree.


(Guest)

So Tony is supposed to be  impotent and having an affair...What a mutually contradictory statement!

Mia (Engineer)     22 April 2013

Thank you all for taking time out.

Need justice - thanks, I will ask Ria to contact the church. I wonder if she will be able to just go up to the church and get an evidence or do you suggest she needs a lawyer and a court summon or something to the church?

please excuse my ignorance, i have no idea how things work in india and indian courts and this is the reason i suggested an MCD to Ria. but being a victim she wants to atleast bring the truth out to find her own closure.

Red - why does affair have to have a s*x angle to it? cant a man have various woman to give himself an ego boost?

i have also mentioned that his first wife confirmed that he was impotent too. you like it or not some woman dont just walk out because the husband cannot satisfy her s*xually. some of us think of husbands as more than just a s*x object.

if you cant help, please stay away from this post.


(Guest)

Mia what does Ria really want?


Husband.

Marriage.

Married life.

Trying to prove a point.

Trying to get money and jwellery back.

See Tony and his fly behind bars.

Roam around court halls till no end.

Divorce.

Compensation for hiding facts [Read it has one time settlement or alimony monthly {read it has hefty}] ??


Until Ria is not clear of what she wants from Tony or from LCI LD/members, it will be just pointing in the air in a dark room and shooting without a target.


Regards,




(Guest)

I am happy to stay away from your post but once you post in a public forum,you will get both good advice and bad.

An as*xual affair-Good luck in proving that in court.

Mia (Engineer)     22 April 2013

Helping Hand. From what I understand Ria wants

a divorce with atleast her money and jewellery back plus bring the truth that Tony was married before as Ria has no support from her family as her parents think divorce is a social stigma. though she has a broken feet she does not have any intention of punishing Tony behind the bars but atleast revealing the truth would help her face the society on her own..

she has no option to go back to the country she moved from as she gave up her foreign passport on marrying Tony..

So please whatever you info you can give would be great?

red - appreciate that. but its not about proving anything in court..its the truth and most of the time true stories dont get to the court because one of the two has good intentions to make it work.


really appreciate you all talking time out.

Mia (Engineer)     22 April 2013

red - i also want to clarify that the Reason Ria reached out to Amal, the first wife was to clear her own doubts of Tony's impotency. Ria was beginning to fear something about her was the reason until Amal confirmed that she had the same reasons..

thanks for hearing me.

stanley (Freedom)     22 April 2013

@ Mia 

After reading your post i have to assume the fact rather than helping your friend you are trying to persuade her into a lengthy Litigation . Some people over here proposed DV act .Contested divorce itself would take years .

Its better to opt for MCD and finish of the issue . its not you who would be doing the Court rounds but it would be RIA wasting her time and money  . Dragging and bragging about the past and removing skeletons from old closets  does not help . By the way nobody nowdays has the time to think about others as to why the marriage broke up or this was his second marriage and h e was impotent  etc .


(Guest)
Originally posted by : Mia

Helping Hand. From what I understand Ria wants

a divorce with atleast her money and jewellery back plus bring the truth that Tony was married before as Ria has no support from her family as her parents think divorce is a social stigma. though she has a broken feet she does not have any intention of punishing Tony behind the bars but atleast revealing the truth would help her face the society on her own..

she has no option to go back to the country she moved from as she gave up her foreign passport on marrying Tony..

So please whatever you info you can give would be great?


really appreciate you all talking time out.

Divorce was a social stigma a decade ago.  Not now.  Check out the website divorcee matrimony dot com, you'll find lakhs of divorcees looking for a suitable partner.

Best advice to Ria:


Get MCD, get back all her belongings therin.  Part ways peacefully.


There is no proving point here, impotency, wife beater.  Court wont give a character certificate as to how good Ria is or how bad Tony is.  Even if you get Tony to write it down, its of no use.  A MCD is enough proof that things did not work out as they supposedly had to be.


Future?  It's upto Ria what to do with her remaining life.  Marry again, well that's an option which could be thought upon.

Mia (Engineer)     23 April 2013

Stanley – no I suggested MCD to RIA, but she is too hurt to think straight and that is why I thought of turning to you guys for help.

Helping hand,Need justice – have suggested to RIA, I hope she will be able to get the info from church.

 


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