Nullity divorce
Paresh
(Querist) 27 August 2014
This query is : Resolved
Dear Experts,
I filed a case for nullity against my wife on basis of fraud,mental cruelty and health issues.Few things were not disclosed to me at the time of taking consent of marriage;it was arranged marriage.We stayed together for 2 months and property is on my name and i am paying EMI since last 2 years.
She threatened me and left on her own and currently staying with her parents.I filed a case against her but now she wants to come back.I am not interested in staying with her as she has not disclosed her health issues at the time of marriage.Her treatment is going on and i was not aware.She has filed baseless allegations in her written statement against me.
She is working lady and earning good salary.
On humanity grounds i am ready to pay her rent for accomodation but she is not accepting.She is insisting to stay with me,but to me it does not make sense to stay with her for many reasons.In short i cannot spend a single moment with her.She and her family are a big nuisance and they are trying to trap me which is clear from her written statement.
1)Can a Judge force me to stay with her by giving her right to stay with me at my place??
Please give your valuable suggestions as i don't want to stay with her.
Thank you for your prompt reply.
ajay sethi
(Expert) 27 August 2014
you cant be forced to stay with your wife . she has right to stay in matrimonial home under DV act . you can offer her alternative accommodation
Paresh
(Querist) 27 August 2014
Thank you Sir for your feedback.She has mentioned in her written statement that i use to beat her and i was violent but it is not the truth.She has not filed any separate case against me like DV act but it is mentioned in her first written statement.
Where do i stand in above situation?
Please guide Sir.
ajay sethi
(Expert) 28 August 2014
your wife will have to prove allegations made in WS .the fact that no police complaint has been filed regarding said assault will be in your favour
Biswanath Roy
(Expert) 29 August 2014
Police complaint cannot be the only proof of physical assult or cruelty, person witness, circumstantial evidence and relevant documents are also can substantially establish the facts of cruelty or assult.
Paresh
(Querist) 31 August 2014
Dear Experts,
Thank you for valuable insights.
V R SHROFF
(Expert) 31 August 2014
Don't worry.
Just let her live with her parents.
In either casae, you have to pay her for her mtn+ residence
T. Kalaiselvan, Advocate
(Expert) 31 August 2014
Challenge her case properly by producing the evidences in your possession to prove her wrong.
Paresh
(Querist) 19 November 2014
Dear Experts,
Judge ordered both the parties should submit the written argument on the same day.We submitted written argument on the right time but the opponent lawyer was not ready.After accepting a copy of our written argument Opponent lawyer said she is interested in oral argument and next date she finished her one sided oral argument in 5 minutes.I don't understand why she was interested in her one sided oral argument and why opponent lawyer waited for our written argument copy and later in next date she completed her oral argument.What does it mean?Please help.Thank you in advance
