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Ramprabu (Accountant)     30 June 2013

Details reqired

Dear Experts,


               I got married with a girl, that giirls famil hide the material supresion of that girl (disease girl), see has affected by polio and nerverse problem, which we cam to know only after the marriage, we has that girl about this, but she refuse it and we ask her to come to doctor, but she refuse to come after this she left me and went to her home, after few days after her father and family members came to my home and spoke that her dauther does'nt like me so see will not come back to home like that they told. we also left it. but few days after they came to my office and treathen me after this i filed a case againts that girl uder the material supresation act. of the hindu marriage act., and now we filed a pettion to under go medical examination. but still now that girl and girls lawer dint collect that pettion from the court. but they filed a IA against me. the girls father is working in insurance company as a Divisional manager and earning aroud 80 K per month and his brother is working in HCL, Please suggest me how to go about in this case in Intrem combansation pettion filed by that girl. too many time they scolde me in court and few times. so pls suggest how to go about. and also i want know know whether i can file the divorce case against her. Whether my case is strong or week.

 

I have attached my case details pls any one please help me



Learning

 4 Replies

Anjuru Chandra Sekhar (Advocate )     01 July 2013

If the judge feels that she should be medically examined by a competent medical professional, you have a strong case.  If he feels otherwise, you have no case.  It all depends on how he feels about your case.  How he feels about your case depends on how your counsel and their counsel argue in court.  On this globe, no one can draft such a good petition but no one would read all that in courts, what is said orally alone matters.  One word communicated orally is thousand times heavier than hundred pages of written submissions.  Because judges have many cases they do not read all that is submitted in written. So...please try to use one or two words which are relevant for the situation.  Just say, "material fact about disease suppressed before marriage".  Nothing else is needed.  If judge has time he will ask what is material fact.  You say, "she has a disease".  He will ask, "which disease".  You say it is such and such disease and they are not cooperating to get her examined to know exact nature of disease.  You say orally to give an order to get her examined through due process of law so as to know what disease she has and whether it is a disease which falls within the meaning of the section under which you have prayed the court to declare the marriage null and void.  Defend that IA on merits.

 

So far so good.  But you did not say anything in the petition whether the marriage is consummated.  Please clarify.


(Guest)

I have read your petition copy.


Nervous problem cannot be treated as incurable, even if you provide all related medical prescripttions, medical documents referring to that.

Ramprabu (Accountant)     04 July 2013

hi Sir,

    But now they have filed and IA Petticion for intrem Maintenance, still now they dint collect the pettions whatever we have filed( counter against IA and Medical Examination application), they not yet filled the counter to the main pattion. So now how to go about it. So far 7 counciling has be over allmost 1 year and 8months over. how long my case will go and what is the way to finish the case ASAP.  opposite part came for compromise  and asked for 20 lac, but we have refused to give but they treathed me that if you go through court you have to pay mini 4K per month., but we dont want to go for that sitivation, so please suggest me how to over come this .

Anjuru Chandra Sekhar (Advocate )     04 July 2013

4k is not a big deal.  You have to pay till she remarries.  No one would remain unmarried forever.  Patience required when court case goes on.  It is not in our hands.


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