Indian Divorce Act
bharath kumar.c
(Querist) 03 July 2011
This query is : Resolved
Dear Friends, pls share your opinion on the following scenario, where a girl has filed a petition for divorce on the ground of Irretrievable breakdown of marriage, where the marriage is purely arranged & solemnized by both the parents. However subsequent to the marriage the girl finds that they have hidden the fact that their son is not suitable for marriage, also he is an addict to alcohol.
The other party has not even filed counter till date and also informs that the boy is unemployed for more than a year and no compensation could be payable to the girl. But the Parents of the Groom are very much rich & millionaire, However the son pretend act as he is jobless & don't even single rupee belonging to him.
My doubt is that being an arranged marriage are there any provisions under which the parents are held liable for hiding of the material fact of their son being unfit for a marriage. If yes pls clarify along with the relevant section of the act.
If no, Is that very simple to get a married to a girl by hiding of personal character & material facts belonging to an individual and late which the marriage is broken down ,is easy to say that the guy is unemployed & has no property rest with him?
Raj Kumar Makkad
(Expert) 04 July 2011
unemployment or having no property are no ground seeking divorce. If either of the spouse is not capable to have sexual relations and this fact was supressed deliberately then definitely other party can seek divorce under the provisions of section 12 (1) of HMA subject to fact that no marital relation was provided after having knowledge of such impotency.
