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ANNULMENT CASE AGAINST MY WIFE

(Querist) 19 August 2017 This query is : Resolved 
I am 27 year old man got married last year (arranged), Within a month of marriage I found out that she had all kind of illicit affairs,
She had atleast 10 boyfriends with whom she was in physical relation before marriage and even after marriage one of her boyfriend had stayed in my home for 2 hours when I was not there.

I have photos of her kissing her boyfriends and all, Now I have filed marriage annulment case on the basis of non consummation of marriage as my lawyer suggested. but since she and her father both are lawyers they strike deal with my lawyer and just postpone the case, I am a normal software Engineer got trapped in all these things.

Please help me get rid of this quickly
Rajendra K Goyal (Expert) 19 August 2017
It is better and advisable to have amicable settlement and save marriage. Take help of relatives, family friends, society leaders.

If not possible try for Mutual consent divorce.

However if they do not agree for Mutual Consent Divorce, be prepared for long legal battle, engage some senior lawyer of good standing and proceed for contested divorce.
Kumar Doab (Expert) 19 August 2017
You have received the responses..........

Change current lawyer at once.

Make this lawyer popular in your circle and forums that take up causes of spouses facing marital harassment issues and let him/her be blacklisted in your circle/forums........


Kumar Doab (Expert) 19 August 2017
Before jumping to conclusions and litigation get into the habit of becoming property informed and supported. Inquire about the Top 5 Lawyers/Counsel/Law Firms at your location specializing in concerned field of law e.g; Family Matters, as in your case………….that have unshakable repute and integrity and successful track record of handling and winning such cases………….and that do not connive with OP’s and do not ditch and blackmail their own clients……… Take help of elders of the family, competent and experienced well wishers, DBA officials, PIP that have faced such issues, and inquire in person……………and visit blogs and also Family Courts/HC website and go thru decided cases……. This is the best you can do. This is what you have not done.

Ms.Usha Kapoor (Expert) 20 August 2017
If you've evidence that she i shaving illegitimate intimacy and affairs with her boy friends or collecting evidence of her affairs with her boy friends of her affairs with them through a detective agency you file both non consummation of marriage as well as adultery as grounds for divorce. If you don't have evidence ot her adultery then file non consummation of marriage as aground for divorce even as per several Supreme court decisions.. If possible try for Mutual Consent Divorce.which will be quickest mode may possibly be decided within 6 months.At least 1 year gap should be there between the marriage and the divorce petition.
Ms.Usha Kapoor (Expert) 20 August 2017
If you appreciate the above answer please click like button.
Advocate M.Bhadra (Expert) 20 August 2017
Change the lawyer by executing fresh Vakalatnama, if your marriage is concerned under Hindu Marriage Act then file suit for annulment of marriage under sec.12 of the Hindu Marriage Act. If your marriage is concerned under Special Marriage Act then file a suit for annulment of marriage under sec25 of the Special Marriage Act.

Section 12(1) in The Hindu Marriage Act, 1955
(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.

Section 25 in The Special Marriage Act, 1954
Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,—
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
Ms.Usha Kapoor (Expert) 13 June 2018
I endorse the views of Bhadra.


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