Divorce - wife having heart disease which their family kep hiding
Rakaish B
(Querist) 28 February 2012
This query is : Resolved
I know this could be too much of details, but still..........
I got married in Rajasthan in Feb 2012 and got the marriage registered under Special Marriage Act in Mumbai in August 2012. I am currently working in pune and my wife stayed at Mumbai at my parental house. I used to be traveling to Mumbai on weekends, other offs and working from home at times.
We had a good news - My wife had got pregnancy in July 2012 and since August 2012 she was at her parent’s residence. Unfortunately, in the last week of September, my wife called me up and said that she has been advised by doctors to get the pregnancy terminated due to increased pressure on heart and low blood pressure; otherwise her life would be at risk.
Due to these complications involved, I (while in Pune) asked them to go ahead with pregnancy termination but at the same time take advice from more doctors, if required.
Considering the complications my father-in-law got her admitted in Bombay hospital and later on her pregnancy was terminated in the first week of Oct 2012. I was present at the time of hospitalization.
While discharging her from the hospital, my father-in-law asked me to comply with the Medical Insurance formalities (which he had taken for his family since 2002) and while doing so, in a hurry he gave me a paper, which said that -
“The lady has got Dilated Cardio Myopathy (heart disease) since 2002 and has been under treatment since then. She took the medicines for 6 years but since last 4 years she has not taken any treatment. It further mentioned that this case has reached second level and the Left Ventricular Ejection fraction (LVEF) is working at 30% (normal range 55-84%) and also she can’t deliver a child in future too, unless the LVEF improves significantly”
I was under complete shock for many many days that my wife and their family did not disclose the facts with us at the time of engagement/marriage. After 15-20 days of recovery, I asked her to bring all the papers from the past hospitalization and only then could she enter my house.
She did that and now I have got all the papers and evidences with me which I got them verified by couple of cardiologists. According to them, the disease can not be cured, but with precautions in lifestyle, she can live a little longer, but always has the risk of Heart Failure at any time.
I asked her to tell me the truth, but she still doesn’t, she says I haven’t taken any medicines in the past and I don’t have any disease and didn’t want to visit the doctors as well.
Despite all the evidences in my hand, her family says that they were completely unaware of the fact. (the irony is that my father-in-law has done Pharmacist course and they are rich and well-educated family, they cant be ignorant as well since they have visited at least 15 times in the past to the cardiac institute in Mumbai). Post that, in the month of November, we asked her family to take her back to her parent’s home since you and your entire family have cheated me and spoiled my life (which they don’t agree).
In the month of December, they brought a medical report that showed everything normal and had LVEF as 50% (i.e. an improvement of 20%) in less than a month. We all were so agitated that we said this can not be true and since your family has hidden all the facts about the disease, I don’t want to be in this relationship any more.
I took a photocopy of the report and later on after 3-4 days, I got that verified from another doctor who said this radical improvement is not possible at all. There could be following thing the other party must have done:
1. might have done medical examination of a different person under my wife’s name
2. doctor/his assistant making the report might be financially benefited.
3. doctor might have been knowing the party well and he might have done it for sympathy/help sake.
We haven’t visited to that specific doctor yet.
They don’t want to end this marriage and want to harass my life by all means.
Now I want to know:
1. Can I get a divorce as I was cheated in the entire case and the disease is not curable, though she can survive with medicines, but can have heart failure at any time? How many months/years this would take?
2. How can I prove that the report presented by my father-in-law is false? Can I make an affidavit of what all things he is saying and ask him and his family members to sign and then get my wife checked-up with the Govt. hospital under vigilance of a court’s appointed person?
3. One mistake that I realize is that – I had booked an under-construction flat costing 35L in August and got that registered. I have paid the booking fees + stamp duty + reg. fees of Rs. 7.5 L and the balance is on loan. The property is in joint name and so is the loan. The premium is yet to start but I am paying the pre-EMI interest since last couple of months. If at all the mutual consent happens, what should I do to get her name removed from the document?
4. My earning per month is 55,000 and have a running personal loan (for 4 years) EMI of 20,000. She is BCom topper and files her IT return as well and had been earning before the marriage. But I don’t have the details of her exact income. What could be the maintenance amount that she might claim?
Adv.R.P.Chugh
(Expert) 28 February 2012
Dear Mr.Rakaish,
Well yours is a classic example of fraud. You can get the marriage annulled under section 12 of the Hindu Marriage Act, the fraud was with respect to a a material circumstance concerning your wife (her health) and hence your consent was taken keeping you in dark about something that would have affected your consent insofar as you would have never gone ahead with the marriage if you had known. It's good that all this is documented.
Secondly : You gotta file annulment fast - because it is maintainable only if filed within a year of discovery of fraud. Offcourse you'd always have the remedy of divorce - but annullment is a much better option.
Thirdly : They'd obviously counter your case by filing a petition for maintenance - the sustainability of which would depend on comparitive economic conditions and the fact that fraud was played on you - due to which you suffered a major setback in your life - would greatly affect her claim.
Fourthly : with respect to the flat - since it is held jointly - notwithstanding the fact that you contributed each penny of it, it would have to be divided equally, however if all this happenned before you knew of her health problems - we can still contest her entitlment to the same, because fraud vitiates all.
Feel free to seek any clarifications.
V R SHROFF
(Expert) 28 February 2012
Sorry, too long to read
I read a little pl explain
Special Marriage Act in Mumbai in August 2012
we are in Feb 2012
Shonee Kapoor
(Expert) 28 February 2012
Fit case to file annulment.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
All facts of your case clearly establish that you should file a petition seeking the marriage annulled on the ground mentioned by you.
Rakaish B
(Querist) 29 February 2012
Thanks all for your suggestion and help.
One last thing, how much time does the court take for marriage annulment if the case is filed in the next couple of weeks?
Deepak Nair
(Expert) 29 February 2012
It may take one year or more.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 29 February 2012
Mr chug has detailed long legal journey, however file annulment and fight for the maintainance and all that.
With these actions talk tough for final settlement or involve all of them in variety of actions for which seek personal guidance from a seasoned criminal lawyer.
Rakaish B
(Querist) 29 February 2012
How can I prove that the report presented by my father-in-law is false?
Can I make an affidavit of what all things he is saying and ask him and his family members to sign and then get my wife checked-up with the Govt. hospital under vigilance of a court’s appointed person?
Is it lawfully permitted?
Deepak Nair
(Expert) 01 March 2012
You can produce the medical reports available with you and you can request the court to direct your wife to get checked by a government medical officer fi required.
Rakaish B
(Querist) 01 March 2012
Thanks Deepak for your response.
Can there be any criminal proceedings initiated against those who conspired and brought to book?
Rakaish B
(Querist) 29 March 2012
As per the advice, I have filed a petition for annulment.
Based on the facts above, I would like to know besides Interim Maintenance, can the respondent ask for a Right to Residence or RCR?
Thanks in advance
prabhakar singh
(Expert) 31 March 2012
Q..How can I prove that the report presented by my father-in-law is false?
A....you need file or allege about that report in your case ,let them plead that in defence and let them file that report and only then you challenge that as false and pray court for her re check up by a govt. doctor or by some specialist appointed by court or you can produce other doctors evidence to contradict that report.
ajay sethi
(Expert) 31 March 2012
well advised by bharat chugh
V R SHROFF
(Expert) 31 March 2012
check all ur dates here,. do not make same mess in court petition. r u sure married in feb 2012
Recheck it.
u stated "I got married in Rajasthan in Feb 2012 and got the marriage registered under Special Marriage Act in Mumbai in August 2012." & no comment replied by u till date
Rakaish B
(Querist) 02 April 2012
My sincere apologies Mr. Shroff. Yes, some of the dates mentioned are erroneous in this thread. (instead of 2011, I have wrongly said 2012)
Marriage - Feb 2011
Marriage Registered in August 2011
other relavant dates also of 2011
Annulment petition filed in March 2012.
Thanks to all the Learned experts for their valueable comments.
