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Mental traumatic experience through marriage
25-Feb-2023 (In Divorce Law)
We got married 7 months back.. This is his 2nd marriage n mine first.. He was divorced earlier just 3 months before our marriage. It was arranged n done in hurry. He never treated me in loving way n said he finds me less attractive.. Later I found his medical reports where his testosterone levels were too low hence he could not have proper physical relationship as well as children. When I confronted, his family used to send me home for months. I stayed there just for 2 months. Now they sent me again for 6 months and said they will take me back only if I take treatment from psychiatric. To hide his drawback he is trying to prove I have mental issue
Dear Madam,
You can file divorce case within one year of marriage on medical grounds and come within safer zone. The law is as follows:
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Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .—
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
You can file divorce case within one year of marriage on medical grounds and come within safer zone. The law is as follows:
=========================================================================
Section 12 in The Hindu Marriage Act, 1955
12 Voidable marriages .—
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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