Legal Question in Family Law in India

Hi,

I need a solution on my life. we are from respected HINDU family n married a guy from same caste on Jun 12 2009. He completed his diploma and working in HAL with 10k per month salary.

I had met with an accident 7 years back and coz that my spine got injured n rod inserted in my back. i discontinued my education for one year. Later i completed my engineering and working in MNC earning 25k per month. wrong part from my side is i didnt reveal my health matter to him before marriage. marriage over he came to know about my health. From the day 1 he started discouraging my health i keep tellin him that ma alright no issues at al. but no reaction from him. he decided that i will lose my life if i get pregnant. from the day of marriage we are staying separately.

He will come every weekend to my home and have all sorts of relationships with me.

Now he filed divorce case under section 12 HINDU MARRIAGE ACT against me saying am not fit for bed room life and i am unfit to be married. but thats not true if am unfit i wouldnot have worked in MNC.

I went to same(wher he booked) lawyer and she advised to file a case called Restitution of Conjugal rights against him. and also she told that what he is saying is not valid reasons. and he can admit this case only on June 11th 2010 that is after 11 months completion of marriage.

Please advice me shall i go for the case Restitution of Conjugal rights against him. What are the benefits i am going to get from this?


Asked on 3/07/10, 8:44 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should not file any case at this stage. You may simply file your reply / written - statement to the divorce petition filed by your husband.

However, litigation path is time consuming, costly and tiring with uncertain results. If the husband is not willing for a married life with you, you may consider out of court amicable settlement and avoid litigation.

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Answered on 3/07/10, 8:51 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

even if you didn't tell him about your operation and insertion of rod, it cannot be considered a material concealment as according to you, it has not affected your marital life. the sex life of you both is normal and he also enjoys the same. in such a situation, there is no ground for annulment of marriage provided you defend your case properly. however, you may send your medical reports so a conclusive opinion may be given. RCR would not help coz no court can compel a spouse to restore the marital ties.

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Answered on 3/08/10, 12:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

try to amicably settle the matter out of court.

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Answered on 3/08/10, 5:43 am


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