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Please advice

Page no : 4

SURESH KALAGA (secretary)     16 May 2012

Dear Shreeya madam,

In your husband, we can not create love, affection towards you.  Love is natural. It is not artificial.  Still you need your husband, there is the only way to proceed through Court by filing Restitution of Conjugal Rights (seeking your husband joining you through Law).   Since there is no proof from your side  for not hiding your disease and no proof with your husband & his parents about hiding your disease, we can not blame anyone.  So, RCR is the best way when mediations are futile. if any legal assistance  sureshmgpl@gmail.com

Anjuru Chandra Sekhar (Advocate )     16 May 2012

Didn't you ask his parents during your stay there (after that 4th and 5th day incidents), why didn't you tell about this to your son?  You should have asked them :  "YOu were informed by my parents about my condition, having known about this you have accepted marriage and you arranged marriage, now after marriage if your son blames me for this condition, what does it mean?  It means you have not told him about me before marriage.  Why didn't you tell him about this?".

 

But one thing we can deduce from this information.  Your husband appears to be innocent.  Given his behavior of keeping you away like this after knowing about you the 5th day after marriage, if he had known it before marriage, he would not have accepted you.  So my reading is, he came to know about it only after marriage when he saw you on 4th day.  So the culprits are either your parents or his parents.  Either your parents have not informed him and lied with you that they have informed his parents prior to marriage, or their parents have hidden that information with him after been informed by your parents.  But there is no reason why they should hide that information from him, because they did not even accept dowry. 

 

So mistake might be that of your parents in the final analysis.  They would have thought, after marriage if it is known, he will somehow adjust or he will get disease cured sending you to foreign countries because he is rich person.

 

You have told, "Initially few days after marriage they treated me like a queen. Slowly they treated me like dog.".  So assuming that they have known about you prior to marriage, there is no reason why first they should treat you nicely like a queen and then reject you, unless they came to know about your information about your health condition from their son.  Otherwise, the presumption is, they would have told their son, "We knew it earlier please adjust with her", instead of behaving rudely with you that too suddenly after a few days after marriage. 

 

It is not that they started disliking you because their son complained about your disease, they would have disliked you since beginning if they had known it earlier and avoided marriage.

Anjuru Chandra Sekhar (Advocate )     16 May 2012

Let us come point by point.

 

If your husband had known it before marriage from his parents, he would not have asked you on 4th day what it is on your body.   So it is for sure, he had known it only after marriage i.e., on 4th day.  There is no reason why he should accept you (if he had known about your condition prior to marriage) and suddenly start harrassing you from 4th day.  Right?

 

Second, if your inlaws have known about it and not shared it with your husband, then there might be some overriding concern, which makes them feel it is better to hide, in view of benefits that act of hiding will accrue to their son.  But they have not taken anything from you, instead they have given gold to you.  So motive is not established for any "overriding concern" to ignore your disease having known from your parents. 

 

So the logical conclusion is your parents are guilty.

Anjuru Chandra Sekhar (Advocate )     16 May 2012

@Shreeya. I am not fixing guilt on people.  I believe you are innocent, but you are groping in the dark, unable to get answers for your own questions.  So helping you to arrive at conclusions and also to ask right questions to people concerned who spoiled your life.  Prima facie it appears, both you and your husband are innocent.  When it comes to your parents and their parents, as I said there is no motive (overriding concern) for them to hide the fact relating to your disease having known from your parents, with their son, because neither you are rich nor you have given anything to them in terms of dowry or anything as such.  So the cursor points towards your parents.

Adv Archana Deshmukh (Practicing Advocate)     16 May 2012

Things should have been made clear right in the beginning when the guy asked her 2 times, if she wants to tell anything? so no doubt now he is feeling betrayed. I also does'nt  appears that his parents were also told. A decree of restitution of conjugal rights may work in few cases but not in every case. Particularly when one spouse is feeling cheated and have made up his mind not to accept the other spouse, a decree of RCR is utterly  helpless and ineffective........No court can force the husband to live with the wife. 

Anjuru Chandra Sekhar (Advocate )     17 May 2012

@Shreeya. But one point still needs to be clarified.  During one occasion he told you, he will not give divorce.  Also he did not initiate divorce proceedings against you, despite having so many complaints against you. For concealing facts, he can move Family court to get divorce under Sec.12 (1) (c) of HMA.  He did not do it.  We should know the reason.  So the question arises whether the "overriding concern" is his "impotency"?  In order to conceal his impotency they agreed to marry some girl or the other and later playing with her life, without giving divorce to protect their son's false prestige?

 

That also clarifies whether your parents or innocent or not.  So you need to undergo a test.  I will tell you what to do.

 

Write a letter to your husband's office address like this.  "Dear......... As there appears no reconciliation between us despite best efforts from my side, and no possibility of re-union, I propose for mutual consent divorce, kindly come to my place initiate the legal proceedings to obtain divorce so that both of us would be free to engage our lives with some other person after obtaining divorce from court".

 

Do not fear that he will use this to get divorce from court.  Even after you sign the MCD and after submitting that MCD copy in court, you can retract and say, I do not want divorce.  So don't fear that if you write a letter like that, he will use it to get divorce.  It is only a test to know who is real culprit. 

 

For that if he is not willing for divorce, then there is foul play from their side and that also means your parents are not guilty.  If he is willing for divorce then your parents are guilty.

 

shreeya (-)     17 May 2012

I am not cheater. My parents are not cheater.
Althought there is no skin problem on my face, hands or legs. There is no cure of what I have. Its a very very rare disease. 
 
I am surely guilt in my mind that I did not speak to him.
 
But I have some questions for you people:
1. Why he did not ask before marriage whether I had some problem or not. He had seen my mother so he should had known na. If he wanted to talk he would had called me instead of sending a sms telling this is his mobile number ?
He did ask me whether I want to tell him anything ? Did he ask me is there any physical problem in me. No then its his fault. He has to carry me over his life.
2. Why his parents did not come for first time to see me ?
3. My husband has lot of fight with his own elder brother & family. He & his brother do not even talk. His brother came to marriage like a relative & left after marriage ?
4. Why they did not select a girl from their own relative ? He told me there was girls queued for him & ready to give whatever dowry for him ? I did not invite him or my parents, then why to blame me now ?
5. When I email such question to him why he does not reply ?
6. He told me to file divorce ? Why he is not filing divorce ?
7. Why his parents did not check me before marriage properly ? Do you go to vegetable market & get what the shop-owner gives ? If it is faulty do you go & replace from him ?
8. If he is a real man why he does not confront my parents in my native house & ask them why they cheated him ? Why he is afraid to talk with my father ?
9. Why he sweetly tells me to come to chennai ? Why he himself is not coming & taking me to him ?
 
Why he wants things pending ? Why he is not approaching towards solution ? I know his god-father is guiding him from back.
 
What is that I need to do in my future life ?
 
As no one of my relative or my parents are ready to go & talk with his parents.
 
What are things he can do to get divorce ? Can he get divorce ?
 
My parents & my uncles told me to wait & have patience. He will come begging to make life with me. And you people tell me that court cannot force to make life with me ? What is use of court then ?
 
He is just a pathetic person. He is not a man who can face the fact of life. There is no guarantee that he will have good childrens then why he is not accepting me ? If today he faces heart attack tomorrow I shall leave him, I will accept him na then ?
 
You people are suggesting me to throw a LOTTERY TICKET I won in garbage.

shreeya (-)     17 May 2012

He is not impotent. When I get angry I saw he is impotent. I am irritated by word cheating. His "cheating" voice still rings in my mind.

As far I understand he told me couple of times why I married him. I married him for his property, his money. I have told him several times I do not want anything means even a single penny from him.

He told me couple of times that if I try to touch his fathers hair also he will bring hell to my home. He is a mad person, thinking like this.

 

What has stopped him from filing divorce ? Let him file. My parents will never get ready for divorce. I will not give divorce. Also my uncle told me he will see him if he files divorce.

 

I have a winning Lottery ticket & you advice me to tear it  ? Even he is at distant place from me at the end he is my husband & remain mine only.

shreeya (-)     17 May 2012

What is my life after divorce. My inner mind tells me he is ready for divorce. I have told him I will stay in temple remaining life but I will not loose my ACE, whatever may be the way I have got.

Anjuru Chandra Sekhar (Advocate )     17 May 2012

If he files divorce giving wrong address of respondent (that is you), and court gives exparte order in his favor because you will not be served with summons, then it is possible for him to have already got divorce.

Anjuru Chandra Sekhar (Advocate )     17 May 2012

...means summons are served to wrong address and from there they get returned and court presumes that you are not interested to defend your case and gives exparte order in his favor.

shreeya (-)     17 May 2012

In that case how can I come to know whether he has filed case with wrong address ?

If he has filed & got some judgement then what can I do ? Is it possible for me to file cheating case on him for providing wrong address to court ?

 

How come indian law allows to make such a great injustice ?

manish (cdsdfasd sdf)     17 May 2012

@shreya,

u need to see a psychiatrist because even after so many people advicing you, you still are not ready to accept your fault in this story. You consider your husband to be a lottery - great. You told everyone that your husband is impotent and then you deny it. Its plain to see that your behavious is highly erratic.

You DONT have to agree for him to get a divorce. As far as your uncle who will see him if he goes for divorce - its a childish argument. Your uncle can see him even now. It looks like you are desperate to stick to him because you feel immense power and you feel rich when you are at his house.

I agree with many of the comments here which all point to the fact that you hid your condition. Period.. You expect him to ask if you have a problem? Wow!!! How does he know that you have a problem? You also write that his mother should have come and asked you to remove your saree and check - Great!!! Do you know if anyone does like that its highly rude and impolite and the girls family or any family will kick them out.. Grow up!!! you always talk that you will give healthy chidren - Why??? Is it the only reason people marry?? Please seek medical advice about the condition of your brain..

manish (cdsdfasd sdf)     17 May 2012

@shreya,

courts are not what you see in movies. nothing happens there except getting dates. You can file some dowry cases like 498a on your husband and enjoy which is what many women  are doing for easy money. You can say to court that your father spent 50 lacs in marriage and gave you gold worth 2 crores and that your cruel husband and his mother and his sister took everything..  The court may try to send them to jail and if you are lucky they might give you a few crores and settle the matter. Then you can find another lottery and repeat if you want.

I liked your LOTTERY word. i never heard any women publicily describe her husband as lottery - maybe they do so only in private.. :)

Anjuru Chandra Sekhar (Advocate )     18 May 2012

In that case how can I come to know whether he has filed case with wrong address ?

If he has filed & got some judgement then what can I do ? Is it possible for me to file cheating case on him for providing wrong address to court ?

 

How come indian law allows to make such a great injustice ?


Very good questions.  You will not know unless you maintain contacts with people close to him.  It is possible for you to file cheating case if you know details of which court he approached to file for divorce, but how do you know which court he had approached.  He will not tell.  There are 1000s of courts in India.  And if he files any case for divorce, he is the one who has to provide your address to court, otherwise how does court know the address of Shreeya?  He would give some address and tell the court, this was the last address known to me by her, she deserted me now I don't know where she is now, kindly grant me decree of divorce.  Courts and police have no time to verify what he is stating in his affidavit and petition is true.  Even if the court sends some police to verify whether a person called Shreeya was at any time living in the address mentioned by him, as he is a rich man he will provide the address of known people.  They will tell police, "yes once upon a time a person called shreeya was staying here, but we don't know where she is now, they vacated house and left".

 

It happened in some cases, so I am conveying to you.  If he is sitting pretty the reason could be this.

 

"I have a winning Lottery ticket ...".........    "whatever may be the way I have got."

 

What is the meaning of these words?


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