Legal Question in Family Law in India

sir, Iam a hindu man married a hindu girl in july 2012 without taking a single rupee as dowry. I married her in a temple in presence of both my and her family members. I could not sexual intercourse with my wife initially immediately after marriage. My made my parents to take my wife to a lady gynecologist doctor. She examined my wife and told that my wife is having fibroids many in number in all sizes biggest fibroid being in a size of a 12cm inside the uterus and also attached and hanging from outside of uterus. Because of pressure effect of fibroids on genital tract, I am not able to have sexual intercourse. The doctor also told that my wife had fibroids from a very long time and my wife could have known about presence of fibroids and married me by hidding that fact.

Me and my wife met another senior lady gynecologist and told the same. She examined my wife, confirmed the presence of fibroids and told us to try to have sexual intercourse for 6 months and see as some times there is chance for pregnancy even on having fibroids based on the size and site of fibroids inside the uterus.So I tried hard to have sexual intercourse and one day it was successful to some extent but with great difficulty but not normally in the sense I am not feeling the satisfaction of sex and getting pain after having such a hard sex. Even today same is continuing.

After six months my wife could not become pregnant. We met the gynecologist again. She advised my wife to under go MRI scan. After getting MRI scan we met a famous infertility centre in bangalore. The infertility treating gynecologist advised surgery for removal of fibroids. On the day of the surgery the operating gynecologist in association with a general surgeon called me in the middle of the surgery and told that the fibroids are sticking strongly to large intestine and hence seperation of fibroid can cause rupture of large intestine which can cause life threat to my wife and according surgery was stopped in the middle and closed in the interest of my wife's life.

Then the next day I met the gynecologist and general surgery who operated my wife. They told fibroids are in a un-operable stage. Even if we assume that fibroids are some how removed, even then my wife will not become pregnant becoz she is having a birth defect due to which she does not produce and maintaining sufficient egg forming follicles in her ovary and hence it is waste told to try for pregnancy.

When i told the same matter to my wife and her brother. They replied me that they will get second opinion from a gynecologist of their own choice. I told ok go ahead. One day my wife started going for consultation to some other gynecologist with all the previous first surgery records etc. When i asked my wife, she replied that she has got a new gynecologist who is ready to take her case and do surgery for removing fibroids. I told ok continue as i just wanted solution. The present gynecologist told my wife to take hormonal injection costing Rs.4200 every month for 4 months and then after 4 months she will do surgery on my wife. After 4 months, now the same gynecologist is telling after taking a scan that surgery will not be done and you try for pregnancy naturally.

My questions are -

1. Knowing that my wife had fibroids from a long time before marriage she married me without revealing me the fact?

2. becoz of her fibroids iam not able to have sex with my wife normally that is iam facing difficulty to have normal sex with my wife and getting lot of pain to my private organ after sex. Can i get divorce from family court from questions 1 & 2 without the need for paying compensation to my wife as she had cheated me and married where as tried hard to get treatment for my wife till last moment.

3. When earlier team of doctors told that my wife is having fibroids in an un-operable stage how then the second gynecologist took up the case, made my wife to take costly hormone injections once every month for 4 months and after 4 months of taking injection now second gynecologist telling i is not possible to do surgery on my wife. Can i sue doctor in consumer court.

2 Answers from Attorneys

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India

Looking for something else?