Legal Question in Family Law in India

Damages for Husband in case Marriage Is done by Fraud

My Brother is married 3 yrs ago & has 11 month old daughter ..His wife is having Very Low IQ ....Psychologist /Psychiatrist said she needs treatment ...she and her parents are not willing to take any treatment ...They gave Dowry ...and he is willing to return everything they gave him ... he wants divorce ..he is fed up coz inspite of asking them to treat her since almost 1 and half year ...they are not listening and every time there was a problem they told us that she will adjust now ..but it is not happening and now his daughter is there ..he wants divorce .....so Please tell me

1) Can He claim damages?

2) How much ?

3) Can he get custody of my Daughter?

4) They married my sister-in-law by hiding these facts ..and we have complete medical records and necessary evidence to prove she s not fit for marriage ..Father-in-law is threatning that he would go to police ..how should we handle this ?

Please help us


Asked on 6/23/07, 12:14 pm

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Damages for Husband in case Marriage Is done by Fraud

a) No damages;

b) no question of quantifying

c) he may apply to court for custody but difficult to get;

d) the best method is a compromise; try to avoid litigation and police case;

you have a very weak case against the lady and her family; better try for a compromise; otherwise you may be in difficulty;

legal rememdies may not be effective at this stage.

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Answered on 6/26/07, 9:13 pm
kavitha balakrishnan kpp associates

Re: Damages for Husband in case Marriage Is done by Fraud

there is no damages awarded in family courts! he can definitely go for a divorce - on the ground - unsoundness of mind - as you say she is not of stable mind - her income or employment is in question? to give you any alimony! the child is a girl child - normally the custody is given to the mother! - in proved case of unsoundness of mind then you can claim the custody of the child-- the court may ask you to provide sufficient proof or affidavit that you can take of the child better.

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Answered on 6/25/07, 12:53 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Damages for Husband in case Marriage Is done by Fraud

GOOD MORNING

YES HE CAN GO FOR THE DIVORCE ON THE GROUNDS THAT SHE HAS GOT UNSOUNDNESS OF MIND AND ABOUT DAMAGES THEY ARE NOT BEING PRAYED IN THE FAMILY COURTS NEITHER AWARDED. IN CASE OF GETTING A ALIMONY YOU NEED TO FURNISH SUFFICIENT DOCUMENTS VIZ. AFFIDAVIT REGARDING THAT YOU CAN BRING UP THE CHILD'S LIFE IN A BETTER WAY

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Answered on 6/25/07, 1:57 am
G. M. Gupta gmguptaandassociates

Re: Damages for Husband in case Marriage Is done by Fraud

you can file case for cheating against her and her family members

file divorce on medical grounds.

these cases will bring them to table and then settle the issues to get seperated mutually. however if u feel that there is a bit of chances of staying with her then please consider and also see the welfare of the children.

For further advice you please contact me personally alongwith documents. Consultation charges will apply.

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Answered on 7/05/07, 2:22 pm
rajeshwar sharma rajeshwarnathsharma

Re: Damages for Husband in case Marriage Is done by Fraud

Your brother can file divorce case on the ground of cruelty and unsoundness of mind'

There is no bar for claiming damages by your brother but now there is now substantial delay as your brother by his own conduct deprive himself by not taking the legal action against his wife by not challenging the marriage on the ground of fraud for which the period is one year when fact came into his knowledge.

He may file application for cusdoty of his daughter in the conerned court.

Filing of complaint is legal remedy and no one can deprive the same. For further query you may contact me

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Answered on 6/24/07, 12:40 am


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