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RS (associate)     25 July 2014

Divorce or annulment of marriage

Hi,

I got married in Dec 2012 and it was a Love Marriage. Before our Marriage All were going well.

Just before marriage my wife's family started to say lot of wrong things about my family and fight started with us . Initially I ignored. Because of this fight she never allowed me to do s*x. She always denied. But i was still in love and i managed anyway with hope of Good future. But she always fights on silly things.

Now i am frustrated with her act. And I want to give divorce but she saying she will file case of dowry against me and my family (we never asked for any dowry and in marriage also we did not take anything) and will take all maintenance and property as wife.

Since starting She is earning and giving 100% money to her family I took care of all her expenses and        I never asked for her money.

My Question’s are :

1.       Am I eligible for Annulment of marriage on the basis of No physical relation even after 1 year 8 months.

2.       Is she Eligible for any maintenance and Inherit property?

3.       Near future I have to go abroad. Will her false Case on me can affect me to go abroad.

4.       How can save my family from False Dowry or Harassment Case.

Please help.



Learning

 4 Replies


(Guest)

@querist

 

1. Love marriage and no physical intimation so far, shall I believe this or just leave on you to prove before court if your marriage comes under special marriage act. In Hma there is no ground for annulment of marriage on the account of no consummation of marriage but yes U/s25 (1) SMA you have the provision of annulment on such ground.

 

Check your reality before any litigation for divorce.

 

2. There Is no hard and fast rule for deciding maintenance , it is the discretion of court to fix maintenance by judging your income , her 

income, duration of marriage , chances of her remarriage, any child from wedlock, all the expenses proportionate to all liabilities with couple either.

 

If she Is educated and earns well then no maintenance to her. If she is educated and willingly left the job then also no maintenance or very less maintenance.

She has no right on your Inherited property right now but yes your child must have the same if any.

 

3. What will happen in future is not your headache, just see your present and act according to it. Impounding passport and issuing red corner is not a bhel puri for her, in any marital dispute you are made a criminal on paper but on reality you are only a generic citizen who is a husband of a wife and nothing else.

 

4. If I say go and visit some baba or tantrik to protect yourself from false 498a , dva or other cases ,doesn't this make a weird comment.

Obviously yes,

 

Like that In india commenting on any women that she will not file any false cases on husband and his

family if you do this and do that ....is totaly irrational and false.

 

 

Better learn laws and current trends of misuses of law by women you will automaticaly come to know what to do and what not to do.


Good luck))



ESIS




 

 

 

Adv k . mahesh (advocate)     26 July 2014

what arised before marriage once if you had made it clear then now this situation does not would have arised

and even after this much time you can file and you have to prove this statement before filing

you should have tired to resolve the issue from you in laws who created all this ruckus so that your wife would be happy and caring from her end first analyze how to solve if nothing you can do then go for legal step

dev (self employed)     26 July 2014

hi, i hv got rcr verdict in my favour 1yr 4 month back. can i file divorce against my wife now?we r not residing 2gether 4 three yrs.plz suggest

Shantanu Wavhal (Worker)     27 July 2014

My Question’s are :

1.    Am I eligible for Annulment of marriage on the basis of No physical relation even after 1 year 8 months.

              NO

 

2.       Is she Eligible for any maintenance and Inherit property?

              YES

 

3.       Near future I have to go abroad. Will her false Case on me can affect me to go abroad.

            YES

 

4.       How can save my family from False Dowry or Harassment Case.

             GO FOR MCD


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