Way forward for divorce

Observations:

1. Skin of NRI married men – Legally Tasty [answers ultimatum given to you for 1 floor making at FIL place in lieu of easy divorce!]
2. You will come to know about your wife well only when you meet her in court [answers your and your family’s bewilderment about her so far acts of omissions and commissions till date]

Two remedies offered in interactive discussion board:-

A. Contest come what may in days to come!
B. Opt for MCD by parting cost of 1 Floor making at FIL place.

Now the discussion:-

For A – It is easy on your part to cause upon an Civil cause of action. How? By filing Civil divorce case on grounds of FRAUD committed in a marriage. i.e. had you known before marriage her hirsutism and PCOS conditions you would not have said yes and married her. Right!
Both condition donot develop overnight and are detrimental to life and limb (civil cause title) in a marriage and cannot be treated overnight and thus it is a devastating marriage.
Most of the time, a woman only has fine hair, or peach fuzz, above the lips and on the chin, chest, abdomen, or back. If she has coarse, dark hairs in these areas, the condition is called hirsutism. Such hair growth is more typical of men. There is no permanent cure. In marriage atleast in India men don’t marry men is inference drawn in civil cause of action!
PCOS happens when a woman's ovaries or adrenal glands produce more male hormones than normal. PCOS results into; Infertility (Women with polycystic ovary syndrome do not form eggs regularly so they may be unable to conceive, means in this marriage you cannot have next line of succession from your own DNA!), constant Pelvic pain (means then no s*x forever for you as a husband as she will always say no due to her constant pelvic pain!), excess hair growth on the face / chest / stomach / thumbs or toes, Baldness or thinning hair, Acne, oily skin, or dandruff and Patches of thickened dark brown or black skin (means can a husband is expected to live with a wife forever without any fault of his due to not been informed of her medical condition in the society he keeps is inference here). Rightly described in your brief women with PCOS are at higher risk of diabetes, metabolic syndrome, heart disease, and high blood pressure. There is no permanent cure. In marriage atleast in India men don’t marry for not having a child of their own is inference drawn in civil cause of action!

What to do once you file option A civil cause of action suit matter?
Hon’ble SC has already given green signal to medical tests in civil marriage cases in reference to context cause of action cases so it is not difficult to draw up a petition under Fraud in marriage and prayer for dissolving marriage on fraud grounds with request for following medical tests on wife via Court order.

Now subject her to following tests via Court Order for her hirsutism conditions; Testosterone, DHEA-S, LH, FSH, Prolactin and 17-hydroxyprogesterone her hirsutism will come out in material records of the Court. These tests result will confirm her condition and by cross examining the medical specialist one can draw position on life and limb which is what is drawn in reference fraud case to a civil marriage.
Also subject her to following tests via Court Order for her PCOS conditions; FSH, LH, LH/FSH ratio, Prolactin, Testosterone, DHEAS, Estrogens, SBGH, Androstenedione, hCG, Lipid profile, Glucose, Insulin, TSH, Free Cortisol and Creatinine levels, 17-hydroxyprogesterone, IGF-1, A pelvic ultrasound and Pelvic laparoscopy. These tests result will confirm her condition and by cross examining the medical specialist one can draw position on life and limb which is what is drawn in reference fraud case to a civil marriage.

How to go about for remedy A:
1. Search for an advocate via reference who has in depth knowledge about medical fraud in civil matrimonial cases and can speak assertively before Bench and draw inference of life and limb in your favour in Court of Law.
2. Draw petition under Fraud in marriage i.e. not aware of her medical condition and thus life and limb threat inmarriage and not inclined to continue in marriage and such petition can be filed right now.
3. Subject her to medical tests via arguing referring SC Judgment in facts.
4. Cross examine the medical specialist and s/he should say on record if marriage can be rosy or not or is there any permanent treatment solution. The moment his statement is brought to your cause title the case is all yours and the marriage will be dissolved by a decree in divorce under fraud and she will be not even entitled for interim maintenance leave aside permanent alimony.
5. Show this reply to your NRI sister who you say is in medical profession.   

Calculated drawback once option A chosen:-
1. She / her side will retaliate by counter cases such as criminal complaints of dowry, mental cruelties, right to residence. Compensation under DV Act and maintenance cases under both civil as well as quasi criminal i.e. S. 125 CrPC.
2. Good no. of times visits to Women’s Cell r/w police station and lots of chaos in your family may happen. AB or regular Bail also on cards.
Reason being she / her side needs social face saving before the society they keep once you file fraud based civil divorce case or even if you donto file anything very soon they are going to cause upon you / your family criminal matrimonial cases since you are an NRI and hint they already gave by FIL opennign his 2 inch mouth asking you to build first floor in his plot / land I mean what more tell tale sighns coming you need to watch for !

For B:- After consulting with your lawyer r/w your family / relatives and friends who may get hit once above cause action instituted and long court trial for years the alternate option is to guess how much the floor building cost comes to and if you can afford the cost meet it via Mutual Consent Divorce Route sometime in March 2013 (as minimum 1 year need to be completed for MCD) BUT pay the money after decree in MCD is passed. This is plain vanilla route and careful Terms and Conditions i.e. MoU document has to be drawn and there is no guarantee that she / her father may even ask to build one more floor during MCD proceedings by some or the other social pressure modes J

Re-read 5 times above, consult a local lawyer, read past 100 messages relating to mental cruelty (S. 498a IPC) , dowry laws , maintenance discussions and then opt best suitable out of the above two. If you ask me my opinion then I will lay my 2 Cents on option A for a simple fact she cannot be stopped even if I pay her floor building cost she has to definitely rope me and my family into criminal litigation as she has to show to society she keeps as in she is not at fault and is innocent victim r/w she / her side has already sought legal opinions by introducing an advocate who joined them as friend J and it is me who is 100% at fault that is Indian psyche when NRI cases comes into picture and what is meant to happen will happen but then remedy A is best to stop all her moves if I were in your place I would go for option A.

[Last reply]

If you choose to pay, do it post mcd...As the other route, you may file a divorce based on fraud ( medical Reasons )....

If you litigate, MAR 2013 will be the initiation point....Above all you ought to have a Good lawyer VIA reference who can strategies it for you...

Regards

Chetan(dot)7679(at)gmail(dot)com

@ Dear Tajobsindia:

Thank you very much for such a detailed response and way forward suggestion.

As you suggested will thing over the two options and will consult with my family and ofcourse my family.

I shall as well keep the above points suggested by you during the next meeting planned for end of Dec'
12. Will update soon after the meeting.

@ Dear Chetan:

thank you, sure must see how the next discussion meeting goes and will try to opt accordingly.

and shall find and appoint good lawyer.

oh forgot one more point with regards to the option B from the above response of @Tajobsindia

if after signing MCD and before decree in MCD is passed,

can the girl/her family revert back the decision?

How much time does it take to get a decree in MCD passed?

do they have right to put any further cases on me or my family?

Can in MCD the below all points be specified (guess aligations should be avoided)

- the differences between the two parties arouse due to the mental mismatch and incompatibilities tending to not working marriage relation and the marriage did not consummate.

- Both the parties agree not to proceed in future with any further cases, claims, aligations against each other.

(Maybe the above sentences are not legally phrases, hopefully my intension is conveyed to you)

Dear Sir,

We would be able to help you through, for any further details please visit firm's website : www.indialawhelp.com

Regards

Akshay Sahni

Advocate

09891982832

Partner

India Law Help

Sahni Saab

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