Murukan 07 February 2016

12 1 c act

Respected lawyers !

My marriage is happend on August 2015 , we live only 20 days , in that 20 days she refused to have s*x with me . she craeted a lots of troubles , dramas and went to her house . I tried my best , but her family do not want my mom to stay with me . That i cannot agree at all , Its been around 5 months she left , they threaten me by saying so many cases . Now they have filed a 12 (1) (c) case .
That means Nullify the marriage . In between her family is now trying to compromise , and says she want tp come to my life again . I cant even think about that . It was all dramas that they want me in their control , Now they came to know that i am strong on my points . So all dramas become waste and they want to come back.Also i feel that the girl is having some mental issues . That i am not sure , but he behavior shows me to think like that .

I heared that the 12 1 c - three notices will sent and if i didnt attend the court they will award divorce . is that correct ? ( they issues notice now - i didnt get the notise as its send to my old adrdess - i saw the details from the site )

IS there any way they can cancel the same ?
is that i also need to file a NULLIFY case for safer side ?

is that good filing from my end too ? please suggest

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5 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 February 2016

There is no need for you to file a counter case . Merely contesting the case strongly shall also help you greatly . Remember that the key to succeed in matrimonial cases is to take the right step at th right time . Since the marriage is yet to cross the threshold of one year , a divorce case is not possible . Hence the appropriate thing for you to do is to prepare a brave reply to the petition which they file and also be mentally prepared for some more cases such as maintenance and domestic violence .

ANAMIKA VICHARE (LAWYER) 07 February 2016

You say that she refysed s*x, so you can in fact file petitin for decree of Nullity u/s.12[a][a] on the ground of particular impotency, you must file with proper pleadings giving every night count Further commn strictly on Facebook

Anamiak Vichare

with New York city picture

ragz hyder (PM) 08 February 2016

Very similar circumstances to me. Do NOT under any circumstances have s*x with her. You have a chance of filing a case that marriage was done under false grounds and girl has mental issues. if you consummate the marriage you lose that chance to annul marriage too. do not even sleep with her in same room as she might try to seduce you...

be strong. be ready for 498A and DV. your mother can also file DV but because you have an organ she does not have you cannot. its good she filed that case to annul marriage.

if your house is in your mothers name and your fathers earned rather than ancestral. otherwise she can barge into your house.

do homework as much as you can even like planning to sending your mother to another city if needed so atleast she can be safe.lookout for people who can help you.

try gathering evidence like any gifts you gave her. try appyling for anticipatory bail. you will not get it but there will be record of you applying and you will know if there was any fir filed against you.

if possible and if your manager is a good person inform him and take him into confidence. she may send letters to your company

if she has a job see if you can hire a private investigator to get her payslips and evidence of her employment as she may ask for maintenance under DV.be careful and hire a reputable one. i hear of PIs who inform other party and make money both ends.

Murukan 19 February 2016

Thanks All

But Mrs Renuka , Your Question is not Appropriate , IS that marriage means Only S**, I do not thinks so , for me its not . Request you to avoid asking such questions In the Forum.

ragz hyder (PM) 26 February 2016

Murukan She was trying to help you. I am not sure what you mean. Yes Sex is a very integral part of marriage.but its not about the physical act. If your WIFE wont have s*x with you shes basically saying shes not interested in you, finds you repulsive and is ignoring you and your needs.

Did you nor feel all that when she was lying right next to you and refusing to touvh you? To be ignored by your wife?