Abinaya Ramanarayanan 12 September 2017

Divorce on medical grounds, separation and cultural difference

I am a hindumarried for 1 year and separated since 4 months of marriage. It was perfect arranged Hindu customs marriage but we have not registered it. I have a proof for the marriage like wedding invitation, photographs and my in laws who were prime witness. I have a mild nerve and muscle weakness which is not curable on an allopathy treatment. I am currently under Homeopathy treatment where the doctor gave 50% chance for the cure. I am unaware of this this medical issue and not under treatment before marriage. My husband misunderstood me that i have hidden the medical condition purposefully. I have tried to explain him but he is not trusting me. Due to this problem i was separated from him since 4 months. Also we are culturally different and i was unable to adopt my family customs within 4 months. But before marriage i have informed to my husband very clearly about my different cultural background and told him it would take atleast 1 year for me to adopt to his customs. When i was with my husband, i've been subjected to mental creulty. I was given separate room to stay, was not allowed to enter into Kitchen and pooja room since i belongs to different caste. I had been subjected to verbal abuse as well. Due to fear i have given a letter to him that i have hidden the medical condition. Literally i was thrown out of the house.Ive tried to commit suicide but i didnot do. My parents belong to different caste and i married to my mother's community which is forward community. My father belongs to backward community. He was aware of my cultural background well before my marriage. But my husband before marrying me had so many proposals but was rejected due to so many reasons. I was the last girl for him and we got married. We also went for a date before marriage twice and had a good understanding. We loved each other. But things went different after marriage. Even on marriage i had a problem due to medical condition. I have consulted Doctor about my medical condition and they said my medical condition will not affect my intimate life and can have child with my husband. From the day of separation, we have not seen each other but we were in contact with each other via phone, and social media and we were fighting each other. My husband has developed a grudge towards me due to this medical condition. I am an orphan and was residing in hostel since separation. But he is helping me financially via bank transfer. I've called him to meet personally to discuss about the problem but he avoided and said i will be in trouble if i force him for the meet. He also neglected relatives calls and opinion. He also shared our family problem in what's up. In social media when in kept his name as my surname, he literally scolded me. Even after separation, i was subjected to mental creulty. In spite of his evil character, he possesess good deeds. He got a job for me and even took me to the doctorfor the treatment. My distant in laws were supporting me morally. But my husband is not trusting me and understanding me. He is so adamant and stubborn.Inspite of all these Finally he is asking for divorce. Literally i was shattered due to these problems. I love him terribly I am not interested in divorce. Ill not give divorce. I want to know whether i. separation ii. medical grounds iii. mode of payment like he is paying me every month via bank transfer iv. difference of opinion will be a favour for divorce Kindly advise me.

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4 Replies

Moxit Shah 12 September 2017

abhinaya in such short note, you have expressed yourself very well. as regard to medical problems, they can be grounds for divorce, if your husband succeeds in proving that you have hidden to him before marriage and such medical problems can hamper your marriage life.

now a days, in mutual divorce, spouses do write in their petition that there is difference of opinion between them as ground for divorce. law has not made difference of opinion as ground of divorce, therefore, according to me judge will not accept this ground for divorce in unilateral divorce matter where one party is objecting for divorce.

you accept the amount of money which he is transferring.

you should try to consult some marriage counsellor to save your marriage life. if your husband is paying you monthly expenses and has helped you in getting job, then you should put all the efforts to convince him to live healthy marriage life.

All the best.

Moxit Shah

9913945154

SOLOMON.RAJ (advocate/director) 13 September 2017

Mrs. Abhinaya,

sad to know that even in the present 21st century the society still faces the evil of caste , creed race etc. It is a sorry state of affiars to know thst you are ill treated in the name of caste.

the follwing mght be solutins for your queries.:

1.)SEPARATION: Indeed is one of the considerable valid grounds for divorce but since you are separated only four months for now and that your petition for divroce may also not be admitted at this stage.

2.) MEDICAL GORUNDS: Also play a very pivotol role and is a very solid and valid ground for divorce. But your medical gorund is not a valid ground solely on which divrce can be sought. The prime grounds medically are insanity and Impotence.

3.)MODE OF PAYMENT: The amount you are getting from your husband if insufficient to meet your ends and daily neccessities and that if you are unhapopt about it , you can always filea petition under section 125 of the criminal procedure code and claim maintenance.The bank transfers are already serving as a solid documentray proof that he has admitted and is remitting a particualr amount and that it needs to be enhanced.

4.) DIFFERENCE OF OPINIONS: it all depnds on where you opined and about what and as such what kind of diffrences in opinion is again the discretion of the Hon'ble Courts but not a valid laid down ground.

REGARD'S

SOLOMON RAJ.

_______________________________________________

Solomon Raj

L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
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Adv Radhika Mehta (Advocate) 13 September 2017

It is rather unfortunate that this happened to you. From what you have mentioned, it is clear that you love your husband and want your marriage. So you can file for REstitution of conjugal Rights. However, your husband on the other hand wants out. So in such a scenario, it is quite possible that the minute you file for RCR, maintenance may stop and he may file for declaring your both's marriage as null and void on the ground of fraund/ misrepresentation, using your admission. So under these circumstances, i would advise you that either you speak to your husband, involving help of friends, family since he is not meeting you, and resolve things out or you take a good amount for your future and agree for an MCD divorce as no point in dragging a dead marriage forward. If one spouse is disinterested, it is as good as a dead marriage.