Nullity of marriage under special marriage act
Goutam Paramanick
(Querist) 19 May 2015
This query is : Resolved
Please advise me how it is possible for me to get nullity of marriage under special marriage act as my wife's relatives suppressed her ailment such as ASTHMA, TSH, and major Gynaelogical problem i.e. the abnormality and defectives of reproductive organs and ovarian carcinoma and evidence of cyst wall and septal enhancement in these lesions. Evidence of thick walled complex cystic SOL-s are noted in bilateral adnexae. and bilateral spondylolysis is noted at L5 vertebra and focal pleural tag and focal calcification seen in right lower zone after fifth month of marriage.
T. Kalaiselvan, Advocate
(Expert) 20 May 2015
when was the marriage performed,why this was registered under special marriage act?, whether love marriage or arranged one?, when did you come to know of her said diseases ? what is the opinion of the consulting physician or medical attendant i.e., whether the disease is incurable ? or the disease if chronic in nature will hinder procreation?
You may come out with details so that you can get a proper opinion.
Rajendra K Goyal
(Expert) 20 May 2015
Reply of the questions from expert required. Better consult local lawyer and show him all the documents.
malipeddi jaggarao
(Expert) 20 May 2015
Repeated query.
http://www.lawyersclubindia.com/experts/Cr-p-c-125-538516.asp#.VVx2R7mqqko
Special Marriage Act?
It appears you are playing oversmart.
All the ailments you have mentioned here and the earlier query will not give you any relief to get nullity of marriage. If you continue this idea the girl will slap all the DV cases against you and you will in great trouble.
T. Kalaiselvan, Advocate
(Expert) 24 May 2015
The author remains silent to the queries raised by experts, it means his intention is different (?)
Goutam Paramanick
(Querist) 25 May 2015
Dear Kalaiselvan, Sir On 22nd September, 2013 in the "Bartaman", on Sunday, a daily newspaper published in West Bengal , they have given advertisement column "Patra Chai". As per advertisement I approached personally to them and on 13th December, 2013 our marriage was performed and registration was made on 13th December, 2013 under Special Marriage Act. This was arranged marriage.
Neither I nor any relatives of my family demanded any dowry even not a single coin. On 26th March, 2014 at noon, relatives of my wife had already brought back all the gifted /stridhan articles which were gifted in the marriage by the bride party on their own sweet will.
On 14th December, 2013, my wife came and brought a bag of medicines (33 types)but on the 6th September, 2014 she had taken away the bag of all the medicines.
On 16th December, 2013 she fell seriously ill. At that time she was affected with respiratory trouble with cough and cold for which she had to take Asthalin, G Prux tablets((antibiotic). I advised her to take advice from our family physician but she refused and took medicines from her said bag talking over mobile with her cousin doctor brothers.
On 17th December, 2013 since 10 p.m. she was suffered from indigestion and loose motion with vomiting.
On 18th December, 2013, she was taken forcibly to our family physician who prescribed Norflox TZ, Dyoflux, Infinair and other medicines despite hurdles from her elder cousin brother. Our family physician also advised her to take Infinair tablet for two months as she had a problem of respiratory trouble. Taking this medicines she felt better and comfortable rapidly.
Since January -February 2014 she had a shorter menstrual cycle. She also informed me that she had no problem about her menstruation.
In regard to menstruation, I had no knowledge about her. Due to her painful menstruation problem I cancelled two tickets fro Digha tour on 24th January, 2014 for honey moon.
On 12th March, 2014 she suffered heavy painful longer menstruation. It continued till her leaving to my house i.e. 26th March, 2014. At that time her mother, unmarried sister and sister in law came to my house and tussled with me and my ailing parents and forcibly taken her away. My wife voluntarily left me on that day taking all her gifted/stridhan to her maternal house. There she had three cousin-doctor cum primary teacher brothers who treated her at the time of staying her maternal home. There she stayed nearly one and half months. This information I cam to know from
my mother in law. I have preserved this conversation recording voice (auto recording).
At that time I requested her to go back to my house but she and her mother emphatically refused and bowed my head before her cousin-doctor-brothers and her relatives.
Since 16th December, 2013 she started torturing with me then gradually threatening and intimidating me and my ailing parents with petty issues and blamed me that we are torturing her mentally.
She had a problem of senseless when excited but I had no evidence for her senseless.
Once she had had her lunch boiled rice with Sundrops oil and a little bit of Salt.She came back on 5th May, 2014 as the day was her birth day because of repeated requests by me.
But on 20th May, she was affected with a great pain (excruciating) in the lower abdomen and on 21st May, I visited to a Doctor (Gynae) at Habra. USG was made. Report says - A small SOL in the left Adnexal Region likelhy left sided Small T.O. Mass. Treatment was continued.
After that, on 7th June, 2014 in my home town when we visited to another doctor(gynae) for better suggestion, he suggested some blood and urine tests. CA-125, Prolactin and TSH. Report says - CA-125 = 108.1 U/ml; Prolacting = 4.48 mg/nl; TSH -5.65 U/ml. Then another CA-125 was examined from Scientific Research Clinical Laboratory, Calcutta. Result says- 83.92 U/ml below 35 U/ml. Then her elder cousin doctor primary teacher brother consulted with another doctor (gynae) at Barasat, North 24 Parganas. For this she left my house for a month. This doctor admised for another CA-125 and whole abdomen CT s=Scan. As per his advice whole abdomen CT scan of her was done from Nightangale Hospital, Calcutta under West Bengal Health Scheme, 2008. Report says of whole abdomen CT scan- Evidence of thick walled complex cystic SOL-s are noted in bilateral adnexae. There is evidence of cyst wall and septal enhancement inthese lesions. Ovaries are not separately visualised. Few focal hypodensities are noted in posterior myometrium. Evidence of bilateral spondylolysis is noted at L5 vertebra. Focal pleural tag and focal calcification seen in right lower zone. CA-125 - 103.6 U/ml. This doctor referred my wife for better consultation to another two doctors. Her three cousin doctor cum primary teacher brothers choose one of them and visited him. I also visited with them. This doctor of Habra is a professor and Ex Gynae of SSKM Hospital, Calcutta. He sus[pected ENDOMETRIOSIS. That is why, this doctor suggested my wife to undergo Laparoscopy and proceed. But my wife's cousin brothers decided not to undergo laparoscopy but pressed the doctor to prescribe a medicine Endosis capsule. As a result no development was made of my wife. Gradually her problem became critical. Her menstrual problem became painful heavier and longer with indigestion and vomiting including other symptoms.
On 10th August, 2014 I admitted her to a Private Nursing Home under West Bengal Health Scheme 2008 as she was entitle to a Health Card of Govt. of West Bengal for medical treatment which was enrolled on 15th January, 2014, just after marriage as I am an employee of Govt. of West Bengal.
On 12th August, 2014 she was released from that nursing home and went back to her maternal house.
I came to know of her such diseases from whole abdomen CT scan and CA-125 and from TSH and Prolactin.
At last Doctor Prof. Subhas Ch. Biswas(Gynae and specialist of laparoscopy) suggested laparo-surgery(conservative in his prescription on Discharge Certificate on 12th August, 2014.
I do not know whether these diseases are incurable or not. I have no idea about her ailments.
But I cam to know from internet if anyone suffer from Endometriosis, it prevents from procreating of a child i.e. infertility.
As I am not a doctor so it is not possible for me to decide/assess whether the diseases -(Respiratory trouble /Asthma/TSH/L5 vertebra) are chronic in nature or whether the disease ENDOMETRIOSIS will prevent procreation. Only experts/doctors(Gynaecologist/Laparoscopic Surgeon) can tell about this disease and can give valuable suggestion.
It is unfortunate to me all her health related medical documents and prescriptions she had taken away on 6th September, 2014.
My in laws and her relatives have cunningly avoided going into details about her ailments before marriage. Why her mother and cousin doctor brothers did not carry out Laparoscopic Surgery + TVS/Pelvic, MRI(conservative purposefully and avoided purposefully to hide the documentation of disease. It is my only allegation applicable in my case is that my wife had been suffering from chronic respiratory trouble, TSH and longer-painful-irregular-heavier menstrual cycle (suspected Endometriosis) before marriage which my in laws and cousin doctor brothers are aware of but they intentionally and willfully suppressed these material facts for the interest of their daughter's/sister's marriage.
From my side, I am landed no where.
Why would her mother and cousin doctor-bropthers reveal the facts at the time of marriage if they have deliberately married off her sister/daughter.
Sorry, but it is really becoming frustrating for me as I am suffering without any of my fault here.
I hope her mother and cousin-doctor-brothers understand motherhood and brotherhood and stop using their liability as their asset.
Thinking positive and hoping to see good future for me.
To prove the marriage a nullity, you shall have to prove that your/my wife was suffering from incurable/chronic diseases before marriage and that was willfully and deliberately suppressed by the mother of the bride and cousin-doctors too. This is the position of the law.
Considering our age factor myself 47 and she is 32 with no kids yet. We both have whole life ahead in front of us.
Moreover, she left me and my aged-ailing parents for her own will and wish. Since our marriage she even along stayed 10-15 days at her mother house, sometimes 1 and a half months to her maternal house. Despite repeated requests verbally and physically she refused to come back to my house.
There has to be some way out of it so as to discontinued this marriage in honorable courts law. Because this is really not making any sense to continue it under these circumstances. Please advise.
