Dear Rohit,
I am absolutely not against SR taking a legal recourse, I made it clear in that discussion itself. You are still under the impression that I am taking the side of the girl in that case. My view is "If we have better laws no one would be troubled like this". If there is a law which makes it mandatory to have thorough medical check up before marriage and based on which both bride and bridegroom decide to marry or not, this trouble would not have arisen for the girl. I am only saying that there could be girls and parents who are innocent and who just do not reveal because they might think that is not important to reveal or because they might think the medical problems may get cured in due course of time so no need to give importance to it.
Law gives green signal to people like SR to proceed under HMA. If he goes to court, it will be known to everyone in society that such and such girl's marital relationship is spoiled because of medical problem. Then who will marry her in future?
I am just thinking that angle and feeling sorry about the girl. I am not saying SR has no legal recourse or that it is immoral for him to take a legal recourse.
If the facts and circumstances of the case makes people feel that there is a ground strong enough to take divorce but you cannot take divorce on those grounds because law does not support such ground, they will prepare some false ground and create false evidences and fool the court. It happens everyday in our country. You know. I know about it. That is why misuse of 498A is such a problem for many men. Courts should not convey an impression to people, "I am ready to be fooled by you, come and fool me".
For that we need stronger laws, better laws. All my discussion was aimed at that. It was not aimed at demoralizing SR.
In the case I mentioned above, I researched on the subject a lot to find any remedy for such girl in our law. Day in and out we find girls accept marriages for the honor of parents or because of their force and spend their lives with those men that they don't like. If they accept their husband without liking that is as good as prostitution. Do these parents think their girl is a prostitute to sleep with whosoever that they direct her to sleep with?
There must be some punishment for parents who force their girls to get married against their will. There should be a law which says, if a girl is forcibly married by her parents/guardians or other family members, after marriage if she reveals that marriage happened against her will the parents shall be punished, say with an imprisonment of a year or so. That will infuse some sense of responsibility in parents to think twice before forcing their daughter to opt for an unwanted bridegroom.
This is the remedy for the husband. In every case we should know who is offender and who is victim. In the case I mentioned above the offenders are parents. So they are liable, not the girl. The victims are both the girl and the man who married her. Girl will get relief if court grants divorce. The man will get relief if girl's parents are sent to jail. Law should provide that kind of remedy.
But before talking about it, I thought, though I searched a lot, I may have missed something, someone may show some remedy that I have touched upon. That is why I raised this question in this forum.
