• Husband not accepting marriage due to RA problem on medical grounds just after one month of marriage

Dear Sir/Madam,
Iam a women of aged 28 years from Haryana.
I got married in the month of 30th sept 2018 and after one month of marriage I got symptoms of swelling foot and joints.
After medical check -ups which were totally taken care by my parents I was detected by Rheumatoid arthritis.
After the disclosure of reports to my in laws they are not ready to accept me on the basis of medical grounds.
And moreover they made it publically that on the basis of RA iam not capable to conceive child which is absolutely wrong as per medical science.

Please help me how can I resolve this issue with them as they are not ready to accept me on these grounds.
Asked 4 years ago in Family Law
Religion: Hindu

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23 Answers

Hi, there act is not justifiable by law .. If they do not accept you back in the matrimonial house, you can file a complaint of domestic violence and can register a FIR under 498 A.. Fiurther , you can also seek maintanace from your husband by filing a application under 125 Crpc .. you can contact me for further doubts .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

This is not a ground for annulment of marriage you need to file RCR for direction of the court.

In case the matter is not solved amicably the you may apply for the permission of the court to file divorce.

You may file maintenance petition as well for your maintenance even before you apply for special permission for filing the divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File petition for RCR under section 9 of HMA

2) also file DV case against husband, in laws seek alternative accommodation, maintenance, compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

A husband cannot throw away wife if she has an ailment and he has to take care of wife through out life. File restitution of conjugal rights case immediately without delay.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello Good morning madam,

I am very sorry to say that they are spreading this rumour with malafide intention as unable to procreate a children is a ground for divorce , though they will not get success as you have already said that it does not affect the ability to procreate.

Please feel free to contact me if you need any other advice.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

There are two ways for your problem choose whichever you feel right.

1) Only six months has been passed away and on RA ground they are not accepting you, Make a offer of one time settlement outside the court and apply in court for marriage of annulment. And you will declare as non marriage girl and if you go for divorce than you will be called as divorcee.

2) If you want stay with them in your matrimonial home than file case against your husband under section 13 RCR of Hindu marriage act.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Try to make arrangements for family meeting where you must include your parents and your in laws .

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Madam,

Your husband and parents-in-law are in total misconception of the fact. Please see the following medical opinion on that ground you may file a application for Restitution of Conjugal Rights or Protect effectively if your husband files divorce.

As many as one in five couples have difficulty conceiving, regardless of any known medical condition. Although some studies show that women with RA have fewer children than otherwise healthy women, that may represent a choice to limit family size rather than a reduced ability to conceive or carry a baby to term. A 2006 study by researchers at the University of California, San Francisco, found that women with diagnosed with RA before the birth of their first child had the fewest pregnancies and children.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Mam,

Kindly file a petition for restitution of Conjugal Rights there shall be a mediation and the matter can be settled amicable.

if the still they are not accepting you back file an petition of divorce as this is cruelty and also under domestic violence for this cruelty and metal harassment.and claim maintenance from them as husband has to take care of you as your legally wedded wife and he cannot desert you like this,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) your inlaws dont want you to return to your matrimonial home

2) file DV case seek right to stay in matrimonial home , maintenance from husband

3) you can also file dowry harassment case under section 498A of IPC

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Write the entire thing on word document from the inception and write each and every incident minutely and then lodge FIR in police station against all

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

i think..i they dun wanna countinue wid this marriage. u can file conjugal right petition if u dun wanna divorce. u can also file criminal complaint against them foe tourcher nad dowry case for demanding dowry. choice is yours.. first of all you have to be clear in mind what do u exectly want....

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

You can write all this on a plain piece of paper and submit to local mahila police station in police station the counselling before filing FIR is done may be in that case the dispute may resolve. Because in case once the FIR is filed then your unless might not accept you back and there can be more trouble.

So write the incident on paper there is no prescribed draft for it submit as an application at local jurisdiction police station.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Well if any disease inflicted after performance of marriage then there is no question of concealment of material information and hence there is no question of abandoning you .

2. If they are thinking in terms of divorce then there is no basis for this and even if they file the same on this ground it would be rejected.

3. So if your disease was not pre-existing then your his bad can not take advantage of your ailment and can not seek dissolution of amperage solely on this ground.

4. talk to your husband alone or go to your matrimonial home on your own. If they physicality resist you from entering your matrimonial then further course of action can be pondered.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since all your attempts to resolve the issue mutually have failed, the only other option available to you is to approach the Courts for relief by filling Restitution of Conjugal Rights. In that, however, kindly note no blame can come on your husband.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Hello,

The husband can file divorce on the ground that you are having RA, this is a valid ground in the eyes of law.

But also you may contest the same on the ground that there was no RA before the marriage and that before the marriage you were hail and healthy and you came to know about the RA after marriage only. And as such the divorce can not be granted on this ground.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Rheumatoid arthritis is not a very serious or dreaded disease.

No doubt there is no cure for most types of Arthritis.

Early use of disease-modifying drugs, and especially biologic​ drugs, can affect the course of rheumatoid arthritis.

Early diagnosis and appropriate treatment can make a difference in pain and joint damage.

In some cases, symptoms come on rapidly, within days. Symptoms can come and go. You may have times in your life when joint pain goes away on its own for a while. This is called remission.

In any case this is not a cause of concern especially in respect of procreation issues.

This will not cause any problem to get conceived.

You can take up the matter legally to bring them to your terms.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If they have driven you out of your matrimonial home on such issues, you may file a RCR petition before court after issuing them a legal notice mentioning all the cruelties they meted out to you in then name of dowry demand and domestic violences leashed out on you during your stay in their house.

You can even lodge a criminal complaint against them with the local police for dowry demand harassment and also other cruelties against all those people who meted out cruelties on you.

Besides, you may file a domestic violence case against all of them for all those violent incidences, seeking the reliefs of protection,residence, maintenance, compensation and also return of your articles

You can also file a maintenance case under section 125 cr.p.c. for sustaining your maintenance expenses.

Better you consult a local advocate in person and discuss all other details about proceeding legally on this matter from all aspects.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) Yes we will draft a document for you. For that further details please call via consultation call on my number.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

merely these facts r nt sufficient fr ur complaint under section 498a,406,506,323 ipc u hv to show specific allegations against specific person on soecific date fr demand of dowry first three points do not constitute any cruelty of 498a

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

If you have already been abandoned by them, file a petition for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

See a local lawyer and file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

They can do such harrassment to you. You can file a Complaint under provisions of protection of woman from domestic voilence Act.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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