Marriage Null and void - Wife dragging the case intentionally - What to do ?


My wife has an incurable disease. She had hidden it from me and married (arranged marriage). I came to know about her disease in few months and filed for Divorce under Marriage null and void. In reply, She sent a notice with false allegations against me but she did not appear in court  for six months (4-5 hearings) and my case become ex-party. But within 30 days before I could receive ex-party order from court she filed for setting aside ex-party order, court granted it and asked  her to file counter. Meanwhile she filed another case for reinstating of conjugal rights to live with me and requested  joint trial for both cases.

 

Since I got complete proofs of her disease, she knows very well she cannot win the trial, So she simply kept dragging the case by asking for time with one or other false reasons for another 2 years. She was telling either live with her or she will simply keep dragging the case forever till 1 month back.

 

After 2.5 years, now court has given her last chance for crossing me. On that day, instead of crossing me or trial,  She said she wants her jewels / articles back before starting trial and filed for return of articles with false list of items. Some of my jewels are with her and her jewels are with me, but she has mentioned more than actual. I am yet to file counter to this. Outside court she & her lawyer says, they want settlement and ready for separation but under mutual consent ( not as marriage null and void ). This sudden change was a surprise to me as she mailed she cannot give divorce even 1 month back. When enquired through some common friends, I came to know that she got onsite opportunity and is preparing to go to onsite within 2 months.

 

Few more points:

  1. We don’t have child
  2. No maintenance as she is working in good company and earning well.
  3. Entire marriage expenses were borne by me.
  4. She / her parents spent only for jewels and other items which can be taken back.
  5. I don’t want to pay single paisa to her as settlement inside or outside court since it was her mistake and my life got spoiled. Also she made me spend for all the marriage expenses and her side spent only for investments like jewels for her etc. 

 

 

Given my situation, below are my queries:

  1. Is it legal for her to travel outside India when the case is pending in court ? Is it possible to stop her from travelling through court before completing the case?

 

  1. What will happen if she simply goes onsite and keeps asking for time through her lawyer (without she appearing in court) stating that company sent her onsite and asks to postpone the trial till she returns (can be 6 months to 2-3 years)? Will this time be granted by court or case will become ex-party?

 

  1. If it becomes ex-party, will she be able file again for setting it aside and to continue  after sometime (considering the case already had become ex-party once)?

 

  1. Regarding return of articles, is it necessary to return her articles before trail is even started ?

 

  1. Regarding return of articles, will I be able to ask for marriage expenses ? If not full expenses at least for expenses related her like Marriage sari given by me to her, etc.

 

  1. What will happen to the excess articles claimed by her? Will this go on for another trail and keep dragging further ?

 

  1. Regarding her request to file new case under divorce for mutual consent, should I agree to this ? Knowing her & her family never keep up their words, this could be a trick to gain time for her to go and come back from onsite, since it will be a new case and court might give initial 6 months for mutual consent and even after that they might keep asking for some time (like they dragged the current case for 2 years without doing anything). Finally she might come back after few years and say she does not want to give divorce.

 

 

Please help to clarify. Thanks in advance.

 
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Advocate/ nadeemqureshi1@gmail.com

contact a lawyer personally

 
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Advocate,9444674980

first wait whether she goes thru this appeal, then take on rest. it is difficult to succeed  null and void decree, not only for this for all decree under HMA1955, it is very difficult. so donot worry.  u didnot tell us about RCR STATus.


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File petition before High court, under art.227 consititution of inda.

Court can fix the time for complete the case within stipulated time i.e. 3 months or 6 months.


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Advocate

Dear Ravi, I answer all your questions one by one as following-

1- you should a reasonable cause to urge before court to prevent her from going abroad.

2- If she has any health related problem or any other reasonable cause to go abroad, then the court can allow her otherwise not.

3- No ex-parte decision will be final.

4- No.

5- Yes, you can claim the  expenses which are valid.

6- No it will be also decided in the same trial.

7- You should step forward in this regard with your advocate and her advocate also. Divorce by mutual consent is the best option in which both parties save their time and money. It is also decreed by the court on request by both parties.

                                       Thank you.

                You can contact me on my e-mail or my mobile for anymore help.


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Worker

first of all, its NOT a case of void marriage u/s 11.

its a clear case of VOIDABLE marriage u/s 12

 

I came to know about her disease in few months and filed for Divorce under Marriage null and void.

divorce = sec. 13


what disease ??

 

After 2.5 years, now court has given her last chance for crossing me. On that day, instead of crossing me or trial,  She said she wants her jewels / articles back before starting trial and filed for return of articles with false list of items. 

her Stree-Dhan can not be obtained thruogh this civil case.

 

Given my situation, below are my queries:

  1. Is it legal for her to travel outside India when the case is pending in court ? Is it possible to stop her from travelling through court before completing the case?

yes. its not a criminal case where court imposes such condition of not leaving the country.

 

  1. What will happen if she simply goes onsite and keeps asking for time through her lawyer (without she appearing in court) stating that company sent her onsite and asks to postpone the trial till she returns (can be 6 months to 2-3 years)? Will this time be granted by court or case will become ex-party?

in fact, she can be always present in court through her counsel.

 

  1. If it becomes ex-party, will she be able file again for setting it aside and to continue  after sometime (considering the case already had become ex-party once)?

yes and on wife's request the cases are 100 % REOPENED.

 

  1. Regarding return of articles, is it necessary to return her articles before trail is even started ?

NO - let her prove

 

  1. Regarding return of articles, will I be able to ask for marriage expenses ? If not full expenses at least for expenses related her like Marriage sari given by me to her, etc.

marriage expenses can not be claimed.

 

  1. What will happen to the excess articles claimed by her? Will this go on for another trail and keep dragging further ?

IPC 406

 

  1. Regarding her request to file new case under divorce for mutual consent, should I agree to this ? Knowing her & her family never keep up their words, this could be a trick to gain time for her to go and come back from onsite, since it will be a new case and court might give initial 6 months for mutual consent and even after that they might keep asking for some time (like they dragged the current case for 2 years without doing anything). Finally she might come back after few years and say she does not want to give divorce.

ur fear has merits.

 

file application u/s 21B

find a Good lawyer.

 

http://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp


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Advocate/ nadeemqureshi1@gmail.com

Dear Ravi

Mr. Amit is rightly advise, I am completely agree with him

 
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agreed with the expert

 
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Worker

Nadeem Ji ...

dekho ... hum bhi expert ban gaye !! :)

 
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health and safety professional

Dear Sir,

is it possible to get divorce from my wife while i am being abroad working on the grounds of conversion to Islam?

thanks

 
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