Divorce
Mukesh Singh
(Querist) 29 January 2017
This query is : Resolved
Hi All
Please advise me on below.
My name is Mukesh and got married in Bihar state in 2012. Post my marriage I got to know that my wife is medically unfit due to her major heart surgery which was not disclosed to us deliberatly. Since it was breach of trust I left her immediately one month after our marriage. Its been almost 5 years now she is at her parents place. One year ago I have filed divorced petition in Mumbai as I stay in Mumbai. When they came to know about it they had filed 3 different cases(DV, 498a & 125) on me in Bihar as they stay in Bihar. I was about to get ex parte on my petition as they did not appear for single time during my hearing in mumbai purposely but unfortunetly it got stayed on Supreme court instructions.
Please advice how do I handle this supreme court part?
Regards
Mukesh Singh
Guest
(Expert) 29 January 2017
I prefer you approach this issue with humanity.Do you have any Proof that she is medically unfit.If at all you are interested only in Divorce,Meet your Wife and have an open minded discussion and if she is convinced you could go for Mutual Consent Divorce which could be completed in 6 month time.If you prefer to fight the Cases then you will be spending time only on this for your life time.
Guest
(Expert) 29 January 2017
Medically unfit with what respect?
Also how do you feel that a person with major heart surgery becomes medically unfit?
Morally, what you could not verify appropriately before marriage cannot be treated as breach of trust.
Further, even if you were able to get ex-parte divorce that could well have been challenged by the opposite party on various grounds.
However, if otherwise, you don't want to keep her with you as your legally wedded wife and want divorce for sure, Shri NJS Rajkumar has advised you quite appropriately.
But, in any case, you cannot avoid maintenance charges for your wife. That you will have to bear with till her life.
Better be aware of the fact, once you take some action that aims at harming the interest of some other person you cannot avoid vigorous retaliatory moves from the opposite party, more so when you try to put a legal stamp on your action, particularly when the whole life of the girl is going to be ruined merely because you want to discard your marital life.
Guest
(Expert) 29 January 2017
Thanks to Senior Advocate/Senior Expert Mr.P.S.Dhingra
Adv. Yogen Kakade
(Expert) 29 January 2017
Rightly answered by mr. Dhingra.
You took the marriage relationship very practically and used your legal rights to get rid of it. Now face the practicalities of Law and defend yourself.
Guest
(Expert) 29 January 2017
Dear NJS Rajkumar,
You are welcome.
Guest
(Expert) 29 January 2017
Dear Shri Kakade,
Thanks for your appreciation. In fact, some people take marriage lightly and divorce as much more lightly due to their ignorance or misunderstanding about law.
Mukesh Singh
(Querist) 29 January 2017
Thank you so very much for your valuable responses. Pls see my counter response.
1. She was operated in her heart which cannot be validated unless and untill parents disclose it.
2. I do have all medical proofs of her which state that she is medically unfit.
3. They had purposely not disclosed this to us because they new the fact that indian marriages in our country only favours women.
4. This is not only the case of girls life even my life is also on stake. No one has rights to ruin anyones life which they have done to me.
5. Despite of all such cheatings, they had implicated me and my family in fake charges of dv and 498 despite of knowing this fact that girl is not staying with me from past 5 years and they cannot even proove it but they had still done this because they know how our constitution is.
5. I have all audio recording evidences with me in which they had confessed that they made mistak by not disclosing girls diesease to us.
6. I still have to give them maintenance if I prove myself innocent and give all produce all evidences against court that whatever fake charges leived on us is fake?
I have read all responses but all responses seems to be favouring women. This is the problem with our constitution sir. Girls are always projected emphatically and boys are always declared culprit.
Please advise me that how should i face it. I want to divorce her and would contest. I want to teach them lessons for runing my life and snatching away my happiness.
ADVOCATE NITIN KAPOOR
(Expert) 30 January 2017
Hire Lawyer and contest your case, he will guide you properly how our constitution is.
Ms.Usha Kapoor
(Expert) 30 January 2017
Agree with NJS Raj Kumar and Dhingra and others.
Guest
(Expert) 30 January 2017
You have not replied, in what respect she is unfit.
However, if finally decided, as I have already stated, you can get divorce, but maintenance allowance to he cannot be avoided. You will have to bear with that.
Rest depends upon your own wisdom.
Rajendra K Goyal
(Expert) 30 January 2017
Whether she is unable to conceive, unable to lead normal life after operation?
Court may not agree due to this factor that she is not medically fit as she had heart surgery.
Supreme Court may transfer all cases to Bihar where they are living.
It is better to have amicable settlement.
Guest
(Expert) 30 January 2017
Where is the Question of Supreme Court Now.The High Court would decide on Transfer of Case.Childish advise should not mislead.The Child looking Expert with No Profile about Her/Him self is an Anonymous
Rajendra K Goyal
(Expert) 31 January 2017
Transfer of cases from courts under jurisdiction of one High court to jurisdiction of other in other state has to be ordered by Supreme Court.
Ms.Usha Kapoor
(Expert) 31 January 2017
Agree with all the above experts.
Guest
(Expert) 31 January 2017
Initially the Divorce Cases should be Filed Only with/In Family Courts and it will not Directly Go to High Court.Only any Appeal could be made in High Court.Approaching Supreme Court would be at Final Stage,The Child/Anonymous should not Mislead the Querist out of its Illiteracy and Ignorance.
Mukesh Singh
(Querist) 10 February 2017
In my case they have taken stay order from supreme court directly on my exparte without approaching high court. What should i do lift the stay order from supreme court?
Mukesh Singh
(Querist) 10 February 2017
In my case they have taken stay order from supreme court directly on my exparte without approaching high court. What should i do to lift the stay order from supreme court?
Also they dont want amicable settlement. They want yo ruin my life as I have left their daughter.
I have been asking same question repeatedly. I want to teach lessons to them. Please guide.
Mukesh Singh
(Querist) 10 February 2017
Dear Mr. Dhinghra Sir
She is physically unfit for hard work. She undergoes fast breathing and high heartbeats when she does any household work. She faces problem in lifting 10kg of water bucket. Her heart beats are comparatively more than normal. Hear inhalation and exahalation appears that she is suffering from asthama though she is not an asthama patient.
