Marriage Nullity-No physical Relation, Wife Did Adultery
Himalaya
(Querist) 04 August 2015
This query is : Resolved
I got married 1.5 years ago. On first night, girl denied getting physical and said she has taken vow of "Sherawali Mata" for 11 days. After this sex life will be great. I believed it. I was not in hurry too Marriage is long term relation. She also kept behaving strangely and badly so to make sure that we don't get physical. After 11 days she faught and went back to her parents home.
After two months, I caught her with her affair. Both were drunk and alone in a rented room. Somehow, I also got her of objectionable photos from Facebook with her Affair. On that night,When I caught her, I called the police and her parents,her parents in police station with folded hands said they will solve this is peacefully outside. My parents believed them, so we wrote statement to compromise in police and no FIR were registered. We wrote than we both don't want to live with each other.
After a week, they started demanding 15 lakh rupees on the name of "shadi main kharcha ho gaya" ( they incurred expenses in marriage). So, I applied a petition under 156(3) U/S 497 ( Adultery ) against her Affair. This is in session court now. No FIR registerd against them. However, they lodged counter FIR after 10 days using fanciful stories of unnatural sex, Dowry, Violence, threating life etc etc against me. They also involved family members in dowry and violence in that FIR. Police arrested me to recover her belonging but I got bail on first hearing. There is no chargesheet but might be filed soon.
Question 1: I am preparing for UPSC/SSC. If i got selected, Can UPSC/SSC withhold selection or reject on basis of FIR/Chargesheet? I am on Bail.
Question 2: Can marriage be Nullified as there was no consumation of marriage/physical relation in 1.5 years and morever, she did adultery. In FIR, she acceped that when unnatural S*x was tried. She was able to deny. Hence no consummation. If no, then how much time it can take in getting divorce in this case?
Question 3: Is paying 15 lakhs only quick option to bring peace in family? She can also do more drama to implicate me and my family in more cases which she always threaten.
M/s. Y-not legal services
(Expert) 05 August 2015
yes. if you can prove your case mean just go for divorce.
just appoint an advocate to act on behalf of you.
Sudhir Kumar, Advocate
(Expert) 05 August 2015
Question 1: I am preparing for UPSC/SSC. If i got selected, Can UPSC/SSC withhold selection or reject on basis of FIR/Chargesheet? I am on Bail.
IT IS NOT UPSC/SSC WHICH DENIES APPOINTMENT. IT IS THE DEPTT TO WHOM YOU ARE ALLOCATED HAS TO ENSURE BEFORE YOUR JOINING (ON THE BASIS OF POLICE REPORT AND YOUR ATTESTATION FORM) NO NO FIR/BAIL ETC IS PENDING AGAINST YOU.
Question 2: Can marriage be Nullified as there was no consumation of marriage/physical relation in 1.5 years and morever, she did adultery. In FIR, she acceped that when unnatural S*x was tried. She was able to deny. Hence no consummation. If no, then how much time it can take in getting divorce in this case?
IT IS NOT A CASE OF NULLITY OF MARRIAGE. MARRIAGE IS VALID AND BINDING. IT CAN BE A GROUND OF DIVORCE.
Question 3: Is paying 15 lakhs only quick option to bring peace in family? She can also do more drama to implicate me and my family in more cases which she always threaten.
PAYING MONEY WILL NOT ABSOLVE YOU OF THE CRIMINAL CHARGES FILED AGAINST YOU WHILE SOME OF WHICH ARE NON-COMPOUNDABLE. YOU MAY NOT BE SPENDING 15 LAKH ON LITIGATION. ALL IS THAT HUMILIATION AND PHYSICAL SUFFERING OF ENTIRE FAMILY YOU MAY SUFFER.
HOWEVER TIME SPENT ON LITIGATION MAY COST YOU IRREPAIRABLY AS YOU APPEAR TO BE ON THE VERGE OF SEEKING A GOVT CAREER.
SAINATH DEVALLA
(Expert) 05 August 2015
What happened to her paramour when U caught them redhanded? Was he questioned by the police? That would have been an ideal circumstantial evidence for proving adultery.
Now I feel the evidences at UR disposal may not yield merits unless she confesses.First U have to fight the cases filed on U and in the meantime U have to prove her adultery.
P. Venu
(Expert) 05 August 2015
Meet the issues on merits.
The pending FIR etc. is unlikely to affect prospects of getting a government job.
Rajendra K Goyal
(Expert) 05 August 2015
Your appointment can be effected.
All criminal cases would not stop after your payment.
Proceed with the cases on merits. Consult some prudent lawyer.
Himalaya
(Querist) 07 August 2015
If I pay her with written agreement that some payment when FIR withdrawn in highcourt, some on first motion of divorce abd rest in final divorce. Won't I be dischaged from criminal cases? There is no chargesheet. FIR is registered under 498a/406/34
Himalaya
(Querist) 07 August 2015
If I pay her with written agreement that some payment when FIR withdrawn in highcourt, some on first motion of divorce abd rest in final divorce. Won't I be dischaged from criminal cases? There is no chargesheet. FIR is registered under 498a/406/34
adv. rajeev ( rajoo )
(Expert) 04 August 2015
