Legal Question in Family Law in India
divorce
sir,
i got married to a women on 17.6.99 while iam studying MBA.on the first night my wife seems to me abnormal and i came to know that she was suffering from paranoid schezophrenia from her child. my wife's parents hided this information from me . they have desroyed all the medical evidence. she lives in hallucination,illusion ,violence and full of suspicion. i decided for divorce i applied for divorce on 6.7.99 on medical grounds. i got three medical evidences and i submitted before the honourable magistrate. in one evidence doctor says that my wife is suffering from paranoid . that she has take treatment with him for four months before she has taken treatment at different place. after marriage she lived with me only 18 days. no consummation has taken. i have send Rs50,000t0 my father in law. now iam paying Rs500\permonth for interim maintainance
now iam doing LLB IN LAW 3rd year.in the main petition my counselfailed to write that the marriage is not valid. he wrote for dovorce. now how can move the case tell me valua. ble information,caselaws.ideasand exemption from paying maintainance.trial is on to start on25.7.99
1 Answer from Attorneys
Re: divorce
Dear Sir,
We acknowledge with thanks receipt of your mail dated July 20, 2003.
We understand that immediately after few weeks of your marriage you have sought divorce based on some medical grounds. We further understand that pleadings of the case have been completed and in between maintenance (Section 125 Cr. P. C.) of Rs. 500 per month have been awarded.
Subsequently, it was brought to your notice that divorce as a ground for dissolution of your marriage was not proper since the marriage was voidable at your option. It also appears that annulment of marriage was never considered.
At this point of time we believe that the course available to you is to either seek for an amendment of your petition or to withdraw it and file a fresh petition for annulment of marriage. However, we are unable to provide you a conclusive opinion before perusing the documents and discussing the case.
In order to understand your case and prepare a strategy we request you to please furnish the following documents/information to us:
1. The pleadings of the case and its present status.
2. Other relevant documents including medical reports.
In case you need any information/ clarification, please feel free to contact us.
Thanking you,
Yours truly,
Dubey and Partners
310, New Delhi House
27, Barakhamba Road
New Delhi - 110 001
Tel: 91-11-23323884/51511473
Fax: 91-11-23323890
E-mail: [email protected]; [email protected]
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