Voidable marriage
kashyap
(Querist) 24 May 2015
This query is : Resolved
Dear Seniors
i filed petition under section 12(1)a annulment of marriage.
but medical of board opined that respondent is FIT for Sexual intercourse. however, she can not have reproductive function (spontaneous conception) due to congenital absence of uterus . but by surrogacy, she can have her own biological child.
Now my ground of annulment of marriage does not establish the impotency. on the basis of medical report.
Judge will certainly dismiss my petition because respondent is sexually fit.
Respondent has written statement paragraph 22 clearly stated that she want to live with me.
i have never refused to maintain the respondent. in any court and before any competitive authority.
Next date of hearing judge will dispose the maintenance application and dismiss the petition.
Now in this stage can i file conjugal right application under section-9 Hindu marriage act 1955. read with Under Section 151 C.P.C.
if is there any judgement relevant with my own case. Kindly give citation.
Thanks and Regards
Kashyap
Devajyoti Barman
(Expert) 25 May 2015
You are query is elf contradictory. You have filed the suit for annulment and now you want RCR.
If you do not want to stay with her you can file suit for divorce.
Clarify your point.
SAINATH DEVALLA
(Expert) 25 May 2015
Medically UR wife is fit for conjugal life, but except for the fact that she cannot conceive,due to some genealogical defects.When she is ready to live with U,why do U intend to file RCR.
kashyap
(Querist) 25 May 2015
Sir
there is no ground to file divorce 15 January 2015 Gujrat High Court dismiss the same divorce petition High Court held that Petitioner Husband can not take divorce on ground Cruelty and desertion Respondent wife is not important absence of uterus prior marriage.
i think file conjugal right application under section 9 Hindu Marriage Act 1955.
is the simply or easiest way to get divorce because i know after filing conjugal right application judge will support me. i will plea to judge that i will adopt a child after completing LLM.
I Know very well and uttered my wife will never join my company because she has absconded with istridhan approximately Rs.7,00,000/- she will never take risk of life to join me.
Ultimately judge will pass the divorce decree.
i think this is the best way to get the divorce.
what are your opinion sir,
should i file conjugal right application under section - 9. on next hearing because judge will determine maintenance on next hearing i will plea that i am ready to take the respondent but respondent does not want to join my company what should i do.
Regards
Kashyap
Dr J C Vashista
(Expert) 26 May 2015
Vague and hypothetical query.
Where is the wife residing now? What do you intend from filing RCR petition?
Unable to conceive a child is no ground for annulment of marriage, please read the provision again.
SAINATH DEVALLA
(Expert) 26 May 2015
Old wine in new bottle,query without legal substance.
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
One side you have filed a petition to get yourself away from legally and he other side you want he curt's permission to to live with her legally?, why such contradictions, instead of consulting a lawyer you may first consult a mediator/counselor and take their advice.
Rajendra K Goyal
(Expert) 02 June 2015
Try to have a mediator for amicable settlement. You can withdraw your case and file for RCR.
