Regarding Null and void and RCR petition
Prasanjeet Das
(Querist) 11 July 2018
This query is : Resolved
Revered experts I had married a girl under special marriage act 1954 on October 2013.But after the marriage the girl told that she will convince her parents and come back to my house and the marriage will b held socially.any way she was connected to me comming to my house and relationship continued till June 2017.But we did'nt stayed together since the initiall days.suddenly she came and asked me for divorce.Now last month she has filled for the marriage to b null and void under section 25 of Special marriage act.The grounds she has filled in the petition is totally false.She has written that me and my mother mix something in cold drinks and take her sign cunningly.She was not in love with me and treated me as friend.She also mentioned that she was not knowing about the marriage occured earlier and only came to know when i showed her the certificate on last 27th June 2017.This is completely false allegations.The circumstances are different.She also mentioned that she was unaware of my qualification.so this marriage should be null and void.I want to knw the authentication of this petition and shall the court pass null and void order after 4 years of marriage registration?She also mentioned there we did'nt live together and have no physical relationship.I had filled a Restitution to conjugal rights petition too.can she take advantage of rcr petition filled by me if her Null and void petition get dismissed?I don't want to give her a chance to file divorce through my RCR petition.So I m now thinking to withdraw my RCR petition and contest the null and void petition filled by her in merits.I also want to know that shall withdraw of my RCR petition put adverse effect and support her case to be strong?please please please it's a kind request to all the revered experts to answer my query as my advocate I think my advocate is missguiding me and putting me into dilemma.
Vijay Raj Mahajan
(Expert) 11 July 2018
The annulment case filled by your wife under section 25 of the Special Marriage Act,1954 will definitely fail as the ground that she has given is absolutely absurd. The Marriage under the SMA is a process where first both parties give one month notice for marriage to the Marriage Officer who is usually the Deputy commissioner of the District. After one month period the parties appear before the Marriage Officer for marriage in presence of 3 witnesses the marriage is solemnised and registered. The allegation of the wife that she was made to sign the various documents/register etc. under the influence of some drug is absolutely absurd and most unbelievable story. The 3 witnesses, the Marriage Officer himself and his whole office staff was present when the marriage and its registration was being done and none of them could make out if the bride is under the influence of some drug. The notice period of one month itself is good enough time for calling off the marriage. The bride if not present or if present refused on the date of marriage , no marriage could be done. The bride did not oppose the marriage proposal, marriage notice, rather duly signed it with the groom, she went to Marriage Office two times at the gap of one month and her allegation that she was administered drug for making her to sign by the groom, just show the height of stupidity these people have while making such stories. I don't know what your advocate say in this case and how he's advising you.
Such ground made by some idiot advocate shows the calibre that stupid advocate has for such absurd annulment petition.
The RCR petition filled by you will be decided on merits based on the evidence of both parties by the learned judge.
Prasanjeet Das
(Querist) 11 July 2018
Respected sir
I want to withdraw the RCR petition filled by me because I don't want to give her a chance to apply for divorce if her null and void petition get dismissed.shall My withdrawn of the RCR petition put any effect on my contesting her null and void petition?Is it possible to withdraw the rcr petition at any time as the notice has already been sent to my wife?u told that non compliance of resumption of conjugal rights petition after 1 year is open to both parties to apply for divorce.pls guide for the same
Vijay Raj Mahajan
(Expert) 11 July 2018
If you want to keep your marriage intact and make her life miserable by not getting out of the marriage so easily, better to withdraw the RCR petition. If she files for divorce, her getting divorce will not be so easy as the ground of cruelty and desertion for more than 2 years will be very difficult for her to prove. The withdrawal of RCR will not have any affect as that never got decided by the court.
Asgher Mahdi
(Expert) 11 July 2018
With all your narrations it appears that you want to quite her relationship but scared of being victimisation under any criminal case that she may file. I hope, you better contact a litigation lawyer from your side in person and who may contest your case befittingly.
M V Gupta
(Expert) 12 July 2018
IN MY VIEW YOU SHOULD NOT WITHDRAW RCR APPLICATION AS IT SHOWS YOUR DESIRE TO KEEP THE RELATIONSHIP. YOU SHOULD CONTEST THE SECTION 25 APPLICATION FILED BY YOUR WIFE AND GET IT DISMISSED. OTHERWISE THE FALSE ALLEGATIONS MADE BY HER MAY GET CREDIBILITY.
Sudhir Kumar, Advocate
(Expert) 13 July 2018
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
Ms.Usha Kapoor
(Expert) 13 July 2018
I agree with Vijay Raj Mahajan and Sudhir Kumar.
