Section 11 or 12 of the hindu marriage act
pooja
(Querist) 20 May 2013
This query is : Resolved
Respected Sir,
My brother has married in july 2010. After marriage, my brother came to know that he has some medical problem. His semen report is nill. After sometime he also came to know that his wife has also TB in her uterus and severe thyroid. She vomits regularly. It seems that she cannot concieve the child.
My brother and my bhabhi both are divorcee. Now my bhabhi is blackmailing my brother to transfer the property in her name.
If we file section 11 or 12 of the Hindu marriage act aganist her. Will it be useful for us or we should file Section 10 or section 13. Kindly guide.
Regards
ajay sethi
(Expert) 20 May 2013
refuse to transfer property in wife name . if at all he has any property sell if off now . is the marriage consummated
?
pooja
(Querist) 20 May 2013
my brother has medical problem. his semen count is nill and my bhabhi has severe TB and thyroid. can we file sec 11 or sec 12 under hindu rights act
ajay sethi
(Expert) 20 May 2013
you have not answered my query . did he have sex with his wife after marriage ? you want marriage to be anulled ? is the husband impotent? has period of 1 years expired from date of marriage ?
R.K Nanda
(Expert) 20 May 2013
state full facts.
pooja
(Querist) 20 May 2013
he had sex with his life after marriage. i want marriage to be nulled. my brother is enjoying sex with wife but his semen report is nill. two years has expired after marriage
Nadeem Qureshi
(Expert) 20 May 2013
Dear Pooja
Marriage can not be annulled due to t\his reason. this is not comes under any condition of section 5, 11, and 12 of the Hindu Marriage Act. because two years has been passed you can not file annulment petition under section 12 of Hindu Marriage act, it is better for your brother, to file a divorce case if there is any other litigation pending between your brother and his wife or settle the matter with her. choice is yours
Feel Free to Call
Raj Kumar Makkad
(Expert) 20 May 2013
Nadeem has rightly advised you. divorce is the only option left between your brother and his wife. This may take place with mutual consent or contest.
pooja
(Querist) 20 May 2013
she is not ready to give divorce. she is blackmailing my brother that you are impotent and you have disclosed this fact so either transfer the property or face 498/406.
Can she file fraud case aganist my brother.
Kindly guide
Raj Kumar Makkad
(Expert) 20 May 2013
Your brother should not bow to her illegal demands and it shall be better to face trial as threatened.
R.K Nanda
(Expert) 20 May 2013
then defend her cases when filed .
