Shall i get divorce on basis of void mariage act

Shivaji (Querist) 24 November 2014 This query is : Resolved
i married a girl on 10 May 14.The girl's family offered me 13 lakhs dowry 4 tula gold. But she came from middle class family i transferred rs.90000 to her father account to purchase a bike for me as part of dowry agreement as i loved her i dont want her parents to be in burden. And promised that i arrange 3 lakhs later on to them. To give me as part of dowry. And i didnt take land 1100 sq.yards as they offered to me.The marriage was celebrated at my home with my expenditure.She came to my home to join matrimonial life with me.But to my surprise she is not allowed me to touch her and having first night with her.I asked the reason for about the strange behaviour. She put 3 conditions to me...I- Not have sex for two months as she was suffering from chest pain....II- She refused to come to honeymoon with me as stating that she is not in mood....III- refused to come along with me to my workplace to lead a marital life as she seek time upto Novemeber 14. Reluctantly i agreed to do so.On 13 May 14, she asked my mobile to talk with her parents and i had given my mobile to her.At night to my surprise i found that my wife is in love with her cousin ( in relation brother {my wife's mother's elder sister's son}) they conversation is about both of them to commit suicide.The conversation is all about instructions given by him to her that how to move with me in home like not allowing me to touch her if i tried to touch her, he told to her, that, just warn me that she will cut her hands...not to get on my bike...not to sleep with me etc. Every thing he told to her and she followed that.I saw the hell that two days when she came to my house for matrimonial life.But i kept that agony in my heart as she requested for two months to maintain distance between us.The whole conversation was recorded in my mobile through auto call recorder.She didnt know abt that recorder. I filed FIR in PS for their suicide conversation. ANd i filed a petition to nullify our marriage.i Send her to their home on 14 May 14, the fourth day after my marriage.Now they submitted the reply to my petition stating that all the recordings are not true and i am demanding 3 lakhs additional dowry. In failure to do so, she has been harrassed and i & my parents send her to their home.And also quoting that i am getting handsome salary and i possessed 50 lakhs property. In reality, i dont have even 10 thousand in my account. And my house also in debt. But she is saying that she will come along with me to my home for joining matrimonial life. But i am not interested.Do i get divorce by this evidence. And i am ready to give the dowry back to her after nullify of my marriage by taking loan and seeking debt from some one or i punished by the court for taking dowry. I took the dowry because to celebrate my marriage.

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Devajyoti Barman (Expert) 25 November 2014
ON the ground of mental cruelty one can get divorce.
The maintenance is granted on the established income of husband, not on the basis of any presumption or surmise.

Guest (Expert) 25 November 2014
In addition to Shri Devajyoti Barman's advice, I may point out, void marriage and divorce are two different things. A marriage cannot be treated as void merely on the ground that she has illicite relations with someone else. Of course, you can seek divorce on that ground. You have sufficient recorded proof in support for divorce.

About your income and property, they will have to prove, if stated in their petition.

Moreover, now even Supreme Court has made a clear ruling that the man in entitled to get divorce in case the wife falsely accuses him and the in-laws of any kind cruelty under Section 498A of the Indian Penal Code.

The court also mentioned the Law Commission of India in its reports in 1978 as well as recommended in 2009 for introduction of irretrievable breakdown of marriage as a ground for dissolution of marriage. Not only that the Marriage Laws (Amendment) Bill of 2013 incorporating this ground had even received the assent of Rajya Sabha

For more details, you may also read the following story, as published in the Times of India on 24th November, 2014, as available at the following link also:
http://timesofindia.indiatimes.com/india/False-dowry-charge-ground-for-divorce-Supreme-Court-rules/articleshow/45253503.cms

ajay sethi (Expert) 25 November 2014
agree with experts

K.K.Ganguly (Expert) 25 November 2014
1. You can file an application seeking a decree of divorce after one year of marriage. It is not a case of annulment,

2. The recording of her conversation with her cousin will be handy for you to seek divorce from your wife,

3. False complaint u/s498A of IPC is also considered as cruelty,

4. Your only negetive point is your taking dowry. Taking and giving dowry in any form is illegal,

5. Talk to your wife and settle for MCD,

6. Maintenance will be decided based on your proven earning.