Divorce on grounds of cruelty and fraud
Shr
(Querist) 07 September 2016
This query is : Resolved
Dr. Dev and dr. Vinay were married in 2007. They have 1 kid together. Before marriage vinay's father wrote a letter to dev's father telling him that due to some health issues vinay suffered mental illness but was fine after her treatment in apollo mental hospital and that this could be enquired about from the hospital itself. Dev's parenta enquired about the same from dr. Sanjeev from the hospital and their marriage was fixed. In 2009 dev and vinay went to a wedding in delhi where dev met mr. Akshay, a psychiatrist who enquired about vinays behaviour bh saying that he wanted to diagnose her and also write a progressive report. He also wanted some sittings with her. On asking she refused. Dev went back to his hometown and after some days vinay went to her parents home. Dev didnt contact her. Vinay tried to contact him but that was of no use. Vinay alleged that dev was trying to trap her by saying tgat she is mentally unsound. In 2010 dev filed a petetion for divorce on grounds of mental cruelty and fraud. I need arguements from vinay's side. Thanks.
need to frame issues as well as arguements from vinay's side. Of what i have thought is:
1. Whether the plea of the petetioner againts the respondent of mental cruelty is maintainable?
2 . Whether the plea of the petetioner against the respondent on grounds of fraud maintable?
3. Whether the petetion for granting of divorce liable to be set aside?
4. Whether the petetioner did wrong towards the respondent and actually tried to frame her?
Additional information: that i forgot to mention was that when they got separated after attending the marriage vinays father recieved a letter from a relative stating tgat i am very happy that all the relatives are laughing at u and ur daughter. I know ur son in law very well.
Guest
(Expert) 07 September 2016
What exact relation do you have with the case of Dr. Dev and Dr. Vinay?
Ms.Usha Kapoor
(Expert) 08 September 2016
Dear Client,
Did any psychiatrist certified that she is mentally unsound and if So what is the name of the decease? Is it Schizo PhRENIA,Psychosis, of Or Manic bipolar disorder/disease etc etc. Unless the psychiatrists arrive at a definite diagnosis regarding the name of the psychiatric problem she is grappling with you can't get the marriage ANNULLED.In case we assume that she is guilty of mental cruelty when she is s suffering from mental health problem how can she be mentally cruel. If really suffers From mental unsoundness divorce will be granted if you also add mental unsoundness of your wife a one of the grounds for divorce.If she and her parents hid the fact of her mental unsoundness from you before marriage you can get the marriage annulled on that ground/fraud also. If you can't prove any of your contentions certainly the court would set aside your divorce petition.
Rajendra K Goyal
(Expert) 08 September 2016
Seems to be examination problem?
How are you concerned with the query?
If a lawyer, full case file need to be referred, no advice on sketchy facts, discuss with senior.
P. Venu
(Expert) 08 September 2016
No medical professional discusses intimate matters as to a personal illness in a party like the psychiatrist in this story..
Guest
(Expert) 09 September 2016
The author seems to seek answers to his law school academic exercise.
Raj Kumar Makkad
(Expert) 09 September 2016
This is nothing but an academic query as the author is not bothered to even read the comments/replies of the experts.
Dr J C Vashista
(Expert) 12 September 2016
Academic hypothetical query and anonymous author.
Consult a local lawyer, if it is "some" real personal problem.
Rajendra K Goyal
(Expert) 25 September 2016
In the given circumstances, it seems it was academic query.
Guest
(Expert) 25 September 2016
Author's continuous silence for the last 16 days makes it quite clear that he desired 100% spoon feeding from experts to solve his law school exercise, rather than concentrating on his course material.
Rajendra K Goyal
(Expert) 26 September 2016
Agree with the expert P.S. Dhingra ji.
Shr
(Querist) 14 October 2016
sorry for the late reply. yes it was a query for academic purpose. however, i did not post the query for spoon feeding. rather just to know as to the question that i might not have missed on some crucial point. which i did not. thanks anyway! you all were of great help. one more thing, it is only after that we excel in academic moots that a person gains confidence. thus, some of the above mentioned comments are a little demoralizing for a first time mooter like me. would appreciate to be a little generous and helpful the next time. thanks.
Guest
(Expert) 14 October 2016
Mooters also expected to use their own mind and knowledge gained during academic sessions to find solutions at their own at first. They are always welcome if they get their answers reviewed by experts to help them enhance their knowledge in real sense.
Shr
(Querist) 15 October 2016
If the query was read carefully i clearly mentioned as to what contentions ii had in mind. so i dont think it would would constitute as spoon feeding or not applying my mind.
It was a clr query just to ask whether i have left any point for consideration rather than asking anybody for making the whole memo for me.
Rajendra K Goyal
(Expert) 15 October 2016
Moot problem / student academic query need to be discussed with your professor / seniors.
Guest
(Expert) 15 October 2016
Intentions have no relevance. Only personal concern has relevance for seeking solution to the problem, if that is real, not hypothetical academic query.
I specifically asked you, "What exact relation do you have with the case of Dr. Dev and Dr. Vinay," but you avoided to reply for the last about one month. So, where is the question of "asking anybody for making the whole memo" for you, as you assumed?"
You should not have expected the experts to hold tutorials for you. They try to provide solution to the problems of the really needy people.
My observation was quite clear, has you read that properly, that as a mooter/student, you must have applied your own mind to prepare for the solution yourself and then only would have come here to get that reviewed in right perspective. Without that your expectation was nothing except asking for 100% spoon feeding
