Legal Help (Hindu Marriage Act)

Ragini pl. tell this is an arrange marriage or a love marriage , marriage consummated or not, what sort of deformity your brother found in her , in your brothers nine Months of marriage you didn't know about this defect, if it is such a big defect as you stated then it is unable to hide such deformity by anybody , i suggest you don't take any hasty step which may spoils the life of your brother and the whole family , before going for any legal action against her take openion of the doctors what they said you take her to the doctor and take the advise an well as a fitness certificate from him whether this problem can be cured or treated by medical science and also the side effects of it and how old is this , if doctor suggests it is curable and rectified by doing some exercises or theraphy and it hasn't any problem then no need to create any scene or if doctor suggests she can not be treated or always medical complicacy will be there or she can not do the family work or unfit for married life then you can file a case of annulment of marriage u/s 12C of hindu marriage act on the ground of marriage solemnised on fraud .

Also I would suggest to first look at the kind of relations your brother and his wife shared. Did they fight over things? Were they not cordial to each other? How was she with the rest of the family members? Like the expert advised, if her problem is incurable you can still ask the girl for MCD. You do not have to file cases against them and lose your sleep by being the torch bearer of truth and justice. But if it can be cured then do not be cruel to the girl also. Just because there is a problem you have discovered after 9 months, support her and treat her. She is your family too now. Imagine if the same would have happened with your brother would you have advised your SIL to leave him and file a case on him? No! You would have expected her to accept her in whatever condition he was and look after him. Rules should not be different for husband and wife. Marriage is all about companionship and so these are the things that build a long term foundation for it. Just go and get your SIL back and take her to a good doctor and only after that take any step. Remember, you filing a case against them will not make you peaceful. It will only lead to you inviting more trouble on yourself and your family. So, first try and find a solution to the problem and work towards rectifying it always.

Thanx for reply. Humari family 9 month se pareshan hai, ladakike gharwalon ne janbujkar hame fasaya hai, shadi ke baad ladaki ghar aanepar hame disease ka pata chala 10 din tak usaka kam/bartav dekha aur use usake ghar bheja. Mera bhai bahut sadame me hai, woh usake saath sansar nahi karana chahata. Woh ek haath se thik kam nahi kar sakati aur usaki saanse bhi atakati hai, bachapan me usaki haddi tuti thi tab usake gharwalone treatment nahi ki. Shaadi ke 10 din baad hamane use wapas bheja aur ye matter court ke bahar hi mitane ki koshish kar rahe hai. Ab ladakiwale hame jhute case(dowry, harrasment) dalane ki dhamaki de rahe hai. Plz help me.

Ragini as i told you earlier get done her medical check up and take the advise of the doctor what he opined , take your relative of both sides with you ,and then take a sensible decision , without doing it your family will become in the great trouble if she files false dowry harassment , dv , cases against your family members , think wisely you can not do anything once the marriage is consummated you can not go for its annulment , there is no any such provision to get divorce out of the court mind it you can get divorce through court only , and to get divorce there should be needed some grounds and till date you haven't any ground , get the certificate from doctor in which he declare she is not fit for matrimonial purpose and the problem with her is too old and not curable by medical science on that ground you can file divorce in the family court of your district , one thing more you can not file divorce within a period of one year of marriage, in this period you can take help of your relatives from both sides of families to get mutual consent divorce, this is the only solution to get rid from her but be aware in mcd girls demand a huge alimony for her , otherwise legal ly you can not do anything against her , talk to them don't make your problem serious once the case registered in the police station then the differences go on lengthy .

Ladaki shaadi ke 10 din ke baadse usake parents ke ghar par hai. Hamare paas usaki injury ka x-ray hai. Hum court me medical test ki demand kar sakate hai kya? Hamare relative ne matter mitane ki bahut koshish lekin woh maan nahi rahe. Crime to unhone kiya hai disease chupakar. Woh false case file kare isase pehale hame case file karana thik rahega kya? Please help

Laxmiji main bhi ek ladaki hu us ladaki ka dard mai samaz sakati hu lekin mere bhai ka kya kasur hai. Hamare saath dhoka hua hai, hamari family cruel nahi hai. Ladaki ki haalat hamane dekhi hai. Please advice me.

Ragini you are right they had committed the crime on conceal her disease , you too be careless why didn' t you had filed the case of annulment of marriage immediately as and when you know it , any how now it is too late , before filing any case do one thing take that x-ray and visit to the doctor of ortho and take his opinion if he said no problem she is right or a minor problem then go and take your bhabhi back to your home and behave nicely with her , if doctor says she is not fit for matrimonial purposes then you can file case against her in the court and can demand for her medical report from the court because you had already know the result when court gives order for her medical check up she will declared as unfit and you will win the case , but i still warn you first be get firm about her fitness only then file the case , once you will file the case then she will file numerous of case upon your brother and your family , this is not a compitition who files the case first , mein phir aap ko samjha raha hoon agar problem small hai toh court ke chakkar mein padna bahut badi galti hogi aapne case ke liyeh kisi achche intelligent local lawyer se rai lein. in future if you need any legal help from me you can send mail to my email address joshilaxmikant65@gmail.com

Annulment of marriage ki case fraud discover hone ke baad se 1 saal tak daal sakate hai na?