• Divorce

I am a student and i was married in 2014 and i live in USA now (still student). After she was bought to USA (in my expenses) she was with me for a period of 6-8 months. She has some health complications (diabetes, sleep walk, threatening to commit suicide etc etc), which they didn't reveal it to me before marriage. Her parents told her not to reveal any health issues before pregnancy. They never told either me or my parents. 
           After marriage, i got to know that she has these health issues and raised my concerns in-front of her parents and my parents. She does not know to cook and does not want to cook. She is not interested either working out side (she has master degree) or inside the house. I sent her back to my house in India, as she was troubling me in my studies and in my day-to-day life. I was also scared that she would commit suicide here. She didn't stay for a long time at my parents house, her parents took her to their house and she never returned after that. We didnt ask them to take her. After they took her to their house, they started harassing me, my family and they even threatened me that i would have to face consequence if i dont take her back to USA.
         I am still studying, i went to India and told their parents that i can not continue this relationship and stop threatening. I can not file for a divorce now (at-least for another 6 months), as i dont have money to hire a lawyer and i also have student loan (I have proof for loan from the bank and i have also taken loan from my friends). 
        Girls side, they are wealthy and have good contacts. I have not taken single rupee as dowry,i took care of all her expenses (including too and fro flight tickets). She was looked after very well here even in India at my house. I drained all my savings now and i am on debt. After all this i do want to live with her but now she realized her mistakes and she is saying sorry for hiding all her health issues and whatever she has done. She wants to live with me but i am not interested to continue my life. I am scared because if something happens to her (without my fault) their parents dont even dare to file a complaint on me. I have decided to end this relationship.
I am not sure how to proceed further. 
1) I know above mentioned health factors are not life threatening but they should have taken my consent as these are long standing disease. Which will affect my future generation. They should have asked me whether i am ready to handle her health issues. A complete breach of trust.
2. She has threatened me several times that she would commit suicide and her parents have also threatened me over the phone that i would have to face consequences if i am not continuing my life with their daughter.

Thanks
karan
Asked 7 months ago in Family Law from Canada
Religion: Hindu
1. You can apply for dissolution of marriage on the ground of cruelty as the conduct of your spouse constitutes mental cruelty, which she may contest in defence.

2. In so far as her threats to commit suicide are concerned you may send an intimation to the local police through a registered post so as to mitigate the adverse consequences which may ensue if she executes her threats.

Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1)in case wife had suppressed material facts you ought to have filed for annullment of marriage within period of one year of discovery of fraud 

2) you cannot file for annulment now . 

3) you can file for divorce on grounds of mental cruelty 

4) contested divorce cases take 5 years to be disposed of 

5) wife can file false 498A case.

6) obtain anticipatory bail in case wife files false case
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
these diseases are material facts and you can file a suit under section 12(1)(c) of the hindu marriage act for annulment of marriage if not more than 12 months have lapsed from the date of discovery of her disease and you have not established bodily relation from the date of revelation of her disease. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Due to her health issues she has hidden these from you and her marriage with you was performed, this amounts to fraud and misrepresentation.
In India however this is no ground of filing for divorce, apart from on grounds of desertion, she has neglected her duties as a wife and therefore on this ground you can file for divorce.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
Legally speaking this is not a big issue on which you can seek divorce from her.
The suppression of the diseases mentioned by you do not constitute any ingredient to seek divorce on suppression of material facts. 
You have chances for saving your marriage for which you can give another chance.
However if you have decided to divorce her, then you should create a platform for divorcing her by irst issuing a legal notice stating that she has suppressed the facts of of her adverse health during pre-marital era, over and above she has failed to be a dutiful wife and perform her duties as a Hindu married wife  and all other cruel acts including suicidal threats, you may ask her to sign the papers for mutual consent divorce or else to file a contested divorce on the grounds of cruelties for the reasons stated therein. 
This notice may help you create a proper ground for filing divorce case against her. 
Discuss in detail with a local lawyer and take a decision accordingly.
T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1.  If you file a petition praying for annulment of your marriage on the ground that they has suppressed the fact that she is suffering from diabetes, sleep walk, threatening to commit suicide etc etc, the Court may not accept it as adequate ground for passing decree of annulment of your marriage,

2. However, you can file a petition for annulment of your marriage now also i.e. after coming to know the fact which was suppressed from you while obtaining your consent for the said marriage,

3. For filing a divorce suit on the ground of cruelty, you shall have to wait for completion of one year of your marriage,

4. Please note that you do not have enough evidence to seek divorce on the ground of cruelty,

5. So, collect clear evidence to prove her cruelty and file a divorce suit on the ground of cruelty after one year of completion of your marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) if you are acquitted in 498A case you can file for divorce on grounds of mental cruelty

2) making false allegations against husband amounts to mental cruelty

3)if you file for divorce you will have to pay your wife maintenance if she is not working 

4)curt would consider fact that you dont have any income while deciding quantum of maintenance

5) you cannot be forced to stay with your wife against your wishes 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. As I said before, you are free to apply for divorce.
2. If she files a case for maintenance you may contest it successfully if you can prove that she is earning on her own or left the matrimonial home without a just cause. 
3. If you get a decision that you consider as 'unfair' to you then you may challenge it in a higher court. 
4. The law is that if the husband is found liable to support his wife then the liability has to be fastened to him regardless of his financial position. He may have to beg or borrow but cannot abdicate his duty.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
What if they file 498a and court finds that it was false accusation, so court would know that I was not wrong and based on this will they give me divorde

Basically 498a is a criminal case, since you say that you can challenge her false case on the basis of merits and facts in your side, you can go ahead.  If the court finds that the allegations are false, it will dismiss the case and acquit you.  This has got nothing to do with the divorce case, however if her pleadings are of the same nature to that of the 498a criminal case, based n the judgment in your favor, you can present before the court her false activities which led to mental stress and caused agony to you, hence divorce becomes the only option than living with her anymore under the said circumstances.







Advocate T Kalaiselvan, how can I prove in the court that she was threatening for suicide? As far as I know only is that she has confess (which I am not sure whether she will confess). I have no recorded proof. But I did tell their and my parents that my wife is behaving this way. Then my parents asked me to send her to my home in India and they will train her on cooking (and other house hold stuff as she didn’t knew anything) and they will take care of her till I finish my education. But she didn’t stay at my home for long time her parents took her to their house. After that I have not contacted her. 

You can include her suicidal threats in the pleadings for divorce, let she deny it,this can be tactfully extracted from her mouth during cross examining her in the trial proceedings. 
One cannot find or produce evidence to all those things that took place within four walls, so evidences have to be corroborated. 




Looking at my case, can I apply for divorce based on above mentioned facts and I am not interested in continuing my life with her

Yes, you can proceed with the divorce case against her on the grounds of mental cruelty.





Will I have to pay her monthly expenses for her living in case if they grant me divorce? If they ask me to pay then it would be a very unfair decision in my view!  Mistakes are her side, they hid health issues because they wanted her daughter get married?

If she applies for maintenance, based on the merits on both the sides and after arguments for and against, the court may decide about the maintenance and the quantum. 
It becomes the duty of the husband to maintain wife once their marriage is proved, there is no place for sentiments in law.  As per  law you are required to maintain her or give money for her sustenance if she is not able to sustain her self or able to meet her expenses including shelter, food, cloth, medical expenses etc. 




Based on all these reasons I have no interest in staying with her. Will court force me to stay with her even if I am not interested in this relationship? Can court force me to continue this relationship

Neither court nor anyone can force you to live with her agaisnt your wishes though the divorce may or may not be granted.
You can live separately even if you both reside under the same roof, law cannot question about it.





T Kalaiselvan
Advocate, Vellore
13932 Answers
127 Consultations
5.0 on 5.0
1. You are not interested in continuing your life with her is no legal ground acceptable by Indian Law to award a decree of divorce to you,

2. There are laid down grounds based on which you can seek divorce and you have not collected any evidence to prove that your case merit receiving a decree of divorce,

3. Thee is very weak ground of availing your consent for the marriage without disclosing that she is  diabetic  etc.for seeking annulment of marriage.,

4. So, examine all ways very carefully before you take legal action against your wife since any legal false step may backfire,

5. If you get your marriage annulled, you won't have to pay maintenance,

6. In case you get divorce on the ground of cruelty, the Court most likely will direct byou to pay maintenance or one time alimony, the amount of which will be decided by the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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