• Matrimonial fraud

Dear Sir,
I am extremely confused and broken. It will be really great if you can help me:
1. I got married in Feb,2018. But my marriage couldnot consume, because my wife had some infections etc. I took her to a doctor just 2 days after marriage there my wife refused to get her examined, doctor wrote this: "Patient Refused Examination" on her prescription. Doctor gave few medicines, life continued but marriage could not be consummed. Thereafter, in March,2018, I took her to a very reputed doctor in Gurgaon, she also wrote infections etc on her prescription and gave lot of medicines. In both the cases, I was asked to sit outside and nothing was told to me, but in gurgaon while leaving doctor told me that if these medicines dont work we will operate your wife. I kept quiet and left. Wife took medicines, but nothing happened.
2. She works in Gurgaon, I am the only child of my parents and my father is no more. So, we were just 3 people: Me, my mom, my wife. her bevaiour was very bad at home, to cut short, she found faults with everything my mom does. Whenever I argued with her, she cried badly and theatened to commit suicide. I had to keep quiet.
4. Then, in May,2018, she said she cannot live in such atmosphere. I was thinking of what to do, I used to call her brother, sister, but they didn't help, while going through we didnt get chance to talk about doctor.
6.Her mail box was open on my system, and I found her non vegetarian chat with 1 person (dated before marriage), in that chat my wife was asking for sex and telling about pain in her private parts etc. 
7. I called my wife's brother, sister, told them about this chat and sent the chat to them on whatsapp and said i will call them in 10 mins. They saw the chat and switched off the phones. In the eveining I confornted my wife, she accepted the chat, called her brother, packed stuff, while taking her jewellery, took mother's jewellery, cash and left home.
8. Next day I called them, asked for truth but they said girl doesn't want to live and wants divorce and aksed their marriage expenses.I agreed and asked to tell what they spent (fact is they didnt spend anything, it was extremely simple marriage). They agreed they will tell me.
9. There after they stopped picking phone. I went to that gurgaon doctor again and showed her, her last prescrption and asked what is the disease, she said that she is not fit for sex, she needs to be operated and then go psycological counselling, she gave all this in writing.
10. Then, I again tried contacting them they said they are ready for mutual but never came back on terms. Then, I had no option but to file a case of marriage anullment with all doctors prescritions.
11. Now they have changed their nos., they have completely cutoff and they have also not filed any dv, dorwy nothing (I have audio recording of her brother,sister where they said that we never misbheaved with her, didnt ask dowry).

How can I get divorce, my mother's jewellery, what else I do?
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

you can file Divorce petition and recovery suit in civil court against her, save all snapshot of chatting, call recording etc for evidence.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can be granted anullment of marriage on grounds of fraud

2) your wife has suppressed material facts that she is incapable of having sex

3) if wife does not appear in court you would be granted anullment by family court

4) jewellery given to wife at time of marriage constitutes her stridhan and would not be returned to you

5) if it is mother jewellery then mother should file case against st your wife for criminal breach of trust under section 406 of IPC

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. In these circumstances you may file a petition for annulment of marriage on the ground that the marriage could not be consummated due to the impotency of the wife. Her medical prescriptions will have to be led in evidence by you to prove the ground of annulment. She will given the opportunity to contest the petition.

2. The audio recordings in your possession will come to your rescue while seeking anticipatory bail if she lodges 498A. So preserve those.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi, it is advisable to file divorce on the medical grounds as well as on the grounds of adultery .. If they do not appear before court you will be granted ex-parte divorce

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1) It's better to go for annulment of marriage and provide all evidence which ever you have with you.

2) And ask to return your mother's gold jewelry and cash which she took while leaving the house.

3) In annulment of marriage you will be not called as divorcee whereas in any type of divorce will be called as divorcee.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir

You must firstly procure concrete reports from a good doctor so that it helps in evidence when you proceed for cheating in marriage

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

What is the status of the annulment application? Whether notices have been accepted by your wife in this case.

Let the Court proceed ex-parte incase your wife is not turning up in the above proceedings despite receiving the notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the doctor told you that your wife is incapable of having intercourse then she can be said to be impotent for the purposes of the Hindu Mardiage Act. In that case, you can go ahead and file a petition for annulment of marriage under Section 12, clause 1(a) whereof squarely covers your situation and states that any marriage not consummated owing to the respondent’s (read: your wife) impotence shall be voidable and may be annulled by a decree of nullity. Please file this post-haste if you are sure of her impotence.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

1) court may award some money as maintenance if there is substantial differences in your income

2) court will direct you to undergo potency tests in govt hospital

3) wife mother / brother can be called as witness

4) courts are over burdened hence you wont get short dates

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. Yo have taken the right course of action in filing the petition for annulment of your marriage for availing your consent for the marriage by suppressing the vital fact of her physical problem and also relationship with another person.

2. Since they have not filed ant W.S. to your said petition, it is likely to be heard ex-parte.

3. You need not bother for contacting her family members any more since you have already filed the annulment petition.

4. You can lodge a police complaint against her for taking away your mother's jewelry which was not gifted to her by your mother.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. In case you get the annulment decree, she can not claim any maintenance. Moreover, highly educated and employed wives ae not entitled to any maintenance from their husbunds.

2. The court will ask both of you to subject yourselves for medical examinations to be conducted by doctors of local Govt. Hospital.

3. You need not bother for their giving evidence in your favour. the medical examination will reveal the fact which will lead the case in your favour.

4. You shall have to develop rapport with the court official/Peshkar to get earlier date if available, Such giving of long dates has become a practice in all the Courts all over India.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Since this is less than one yer from the date of marriage and also the marriage ws not consummated due to her impotency (the doctor's medical history should support), the option before you is annulment of marriage which you have already filed.

You have to wait for one year for filing divorce and for mutual consent divorce the period of separation should be one year.

You concentrate on the annulment petition for the present and then plan to recover your mother's jewels.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. If she is employed and earning a handsome salary and also since this is an annulment cae, she may not be eligible for maintenance.

2. You present your case and concentrate on your averments alone, let she prove it if at all she participates in the annulment case.

4. The court date cannot be advanced because the cases are posted based on the burden of the court, however if it is too long and you have sufficient reasons for taking up an early date, you may file a petition seeking hearing advance for the reasons you may rely upon.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) No, she is not entitled for maintenance at all.

2) Court may appoint expert to check impotence allegations put on you.

3) If you have the call recording that they have given HINT of her behavior before marriage, this can bring as evidence.

4) You can request court to bring your case hearing on board early before date in next 15 days. See what judge says.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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