Hi I was married on October 22, 2014, and she was staying with me along with my mother, she was under medication for hypo thyroid for many years which was not disclosed at the time of marriage. when I came to know this we had a discussion on this with her, and her family, they said it was not a major disease and many of them have this problem in their family including both her parents ,that's why they didn't disclosed it. however they said sorry and we thought the problem was over. On November 22 my wife went to her home for a function and she already informed she will stay there for 1 week, we had communication through phone and chat as usual. one day she informed me she joined in a course and i opposed it and said she should inform me before joining, as an answer she said she is not interested in living with me. When the mediation started through our parish priest which was failed because of their impractical demands, and they filed a 498 A against me and my mother, now we are on bail.They accused me as impotent and cruel person and done many cruelty to her along with my mother all accusation they were made are falls, now the case is with police. I want to get rid of this mess and the girl who i married. they are ready to withdraw the case and divorce if i give money to them to which i responded negatively,
Is there any legal way i get divorce or nullification ? what will be the impacts ? Is there any chance the court ask me to give maintenance or any sort of monetary compensation to her ? Kindly help, my life is going through hell now.
Asked 3 years ago in Family Law from Kochi, Kerala
Hi, you can file a divorce petition on the ground of cruelty or harassment but you have to prove your allegations so then only you can succeed in the court but your allegation is she is suffering from Hypo Thyroid and it is curable diseases and if your wife suffering from any diseases which is not curable then only you are entitled for divorce and present scenario is not like that.
2. It is the duty of the husband to maintain his wife so you have to pay the maintenance to your wife and quantum may be differ and suppose if your wife is earning then quantum of maintenance may be reduced to certain extent.
3. Since the your marriage is not completed with in one year both of you can't file a divorce before the court.
4. It is my advice is tried to settle the matter amicably and file the divorce by way of mutual consent after negotiation with your wife in respect of permanent alimony.
1) you have not mentioned whether marriage was consummated or not or whether allegations of impotency are true or not
2) since you dont want to pay your wife any money you have to file for divorce on grounds recognized under Indian divorce act . no petition for divorce can be filed within period of one year of marriage .
3) you can file for nullity before HC if you are able to prove consent was obtained by force or fraud under section 19 of indian Divorce act
4) if wife has filed 498A case contest case on merits as you have already obtained bail .
5) if your wife is not working wife would be entitled to maintenance .
6) it is better to arrive at an amicable settlement
1. Since you have refused to toe to their line of giving alimony to your wife you may unilaterally file for divorce on the ground of her cruelty after one year from marriage. The law does not allow filing of divorce before a year from marriage. You may also apply for nullification on the ground of fraud committed on you. To apply for nullification you are not required to wait for a year.
2. Your wife can file a case for maintenance in the court. Her eligibility to get financial support can be questioned if she is earning or she left the matrimonial home without any justified cause.
3. Since you have taken bail in 498A case you should contest the case on merits.
4. A case for defamation can also be filed against her if the allegation of impotency is untrue.
1. You should file a petition for nullity within one year of your marriage, as she had not disclosed about her hyper thyroid before or at the time of marriage
2. Her illness can be a reason for not having a child.
3. allegation of impotency should not be tolerated.A case of defamation can be made out against her , this can be done by proving with a doctor's certificate
4. after the amendment of the Indian divorce act, under section 19, high court jurisdiction is replaced by the district court. So you have to approach a district court or a family court if there is one in your area, with a petition not in high court.
5. fight the criminal case under sec.498A, if her allegations are baseless you will get acquittal. You do not have to pay to settle the 498A , her demands should not be entertained .
you can also file divorce on cruelty grounds after one year of your marriage
If you got married to your wife without a proper disclosure form her side regrading her illness etc and you did not consummate the marriage you may seek annulment of marriage and in case you win there is no question of payment of compensation to just a lady.
In case marriage has been consummated then you shall have to wait for a year after which you may seek divorce unilaterally on any of the specified grounds applicable to your case.
Where the wife has resorted to fraud and had deliberately left your company no maintenance is liable to be paid.
case of 498-A can come to a logical end by way of a final report in case the police finds no material against you. in case a charge-sheet is filed then take recourse to due legal process available at that juncture.
seek damages and file a criminal case for defamation against your wife.
1. Since you and your mother has got bail against the 498A case, your major problem is over,
2. Wait for one year and then file a mutual consent divorce,
3. MCD will be decreed within 6 & 1/2 months from the date of filing and it is hassle free,
4. Negotiate with your wife in this regard.
My opinion on your queries are as under
Is there any legal way i get divorce or nullification ?
Opinion : you may file a divorce case against her before court under section 13 ( 1 ) ( ia ) of Hindu Marriage Act. Along with an application under Section 14 of Hindu Marriage Act.
what will be the impacts ? Is there any chance the court ask me to give maintenance or any sort of monetary compensation to her ?
Opinion : the impacts will be shr filed cases against you and your mother under section 12 of domestic violence act read with section 18 / 19 / 20 / 22 / 23 of DV act.
She may file a maintenance case against you before family court and claim maintenance from you. And the court msu pads an order for maintenance if she is unable to maintain herself and left the house with reasonable cause.
Kindly help, my life is going through hell now.
Opinion : no need to worry. Fight the case on merit with the help of lawyer
Advocate, New Delhi