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Santosh patil   25 March 2016

Diverse of my sister

Hi,

My sister married 05 years back.Her husband is continuously abousing her mentaly & physicaly.

Currnetly her husband went through "Bental Procedure" a major heart surgary.Now we come to know that he was suffering from Arotic dession a disease since 2011 before marrege.We were not aware about this disease.The surgary cost is about 15 lacks.

Now they are asking for the surgary cost form our end otherewiew he will give divorse against her.

before surgary his income was 50 k per month  & having property in his name as well as father in laws name.

Currently my sister is not working.but she had completed PHD in Agricultural Economiocs.

My sister is having one kid of 4 years

As per this cenerio there are following Questions:=--

01.Can we file a case against them for 'fraud' as they did not mention about the disease to us??????

02.Her husband having lot of property in real estate in the name of His fater should my sister claim for the property???

03.What would be the maintainance compensation????

04.My sister is suffering form physical abosue and mental abosue what to do(Legal Advoice)???

 

 

Hooping for the best advoice from the experts.

 



Learning

 1 Replies

Vijay Raj Mahajan (Advocate)     25 March 2016

You should not agree to provide financial help to the husband as that is not your responsibility. He can always go for Medical Insurance if he so require financial assistance.

Secondly, the issue of fraud in marriage will not be of any help as even if that is found to be correct by the Family Court, the marriage will be declared null and void and you are in no mood to get the marriage break as his threat of giving divorce to your sister being resisted, showing you are not ready for the dissolution of the marriage as such.

More so, the marriage itself is about 5 years old as your sister has child of 4 years, the medical condition of the husband even if that was not disclosed at the time of marriage came to your knowledge long back and for the annulment of marriage on the ground of fraud the petition has to be filled with one year of knowledge of the fraud.

The husband has no ground for divorce as such as his wife is very much living with him, so no desertion nor she is inflicting any cruelty on him, rather she suffers cruelty being inflicted on her by him and his parents, the circumstance and facts will not help him to get the marriage dissolved by decree of divorce.


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