Thursday, September 12, 2013

Court: "if woman hide disease b4 marriage divorce granted.."; ok what disease? woman PREGNANT b4 marriage!!

"....It was also claimed that after two months the woman fell ill and was taken to the doctor. A sonography revealed that she was four months pregnant. ....." !!!!!!! 

that's all your honour !!!!


Court: Hiding handicap from prospective spouse is fraud

Thursday, Sep 12, 2013, 7:22 IST | Agency: DNA

If a woman, who has a medical ailment, conceals it from her suitor until they get married and her husband learns of it after marriage, this amounts to 'fraud' on the woman's part. And it's enough reason to nullify the marriage.

The family court recently annulled the marriage of a 33-year-old man who proved to the court that his wife could hear only with one ear. This deformity, he claimed, had not been told to him before marriage.

According to a petition, the man claimed that when they got married in June 2011, he was a widower while his wife was a spinster. 

Before marriage, she had agreed to take care of a son he had from his first marriage. 

After marriage, they started living together at their house in Mumbai. A few days later, he learnt that his wife was deaf in one ear and was unable to hear properly. 

It was also claimed that after two months the woman fell ill and was taken to the doctor. 

A sonography revealed that she was four months pregnant. That's when the man approached the court. 

The man claimed that this sparked a quarrel between them and he sent his wife to her mother's along with all her streedhan (valuable gifts brought by a woman at the time of marriage). He then filed a petition to nullify their marriage.

The woman did not respond to a notice issued by the family court. 

The court went ahead an passed an order with only one party (the man) being present. To bolster his claim, the man produced his wife's medical reports.

Based on the evidence and the man's affidavit, the court said: "Believing the evidence of the petitioner [husband], it is safe to observe that the respondent has played fraud upon the petitioner by not disclosing about her deafness and that she was carrying pregnancy [sic] at the time of marriage by some person other than the petitioner. Therefore, the petitioner is entitled to a decree of nullity of marriage."


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