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Himalaya   03 August 2015

Marriage Nullity-No Physical relation, Wife did Adultery

I (unfornate legally Husband ), got married 1.5 years ago. On first night, girl/"So called wife" denied getting physical and said she has taken vow of "Sherawali Mata" for 11 days. After this s*x life will be great. I believed it. I was not in hurry too Marriage is long term relation. She also kept behaving strangely and badly so to make sure that we don't get physical. After 11 days she faught and went back to her parents home. After two months, I caught her with her affair. Both were drunk and alone in a rented room. Somehow, I also got her of objectionable photos from Facebook with her Affair. On that night,When I caught her, I called the police and her parents,her parents in police station with folded hands said they will solve this is peacefully outside. My parents believed them, so we wrote statement to compromise in police and no FIR were registered. We wrote than we both don't want to live with each other. After a week, they started demanding 15 lakh rupees on the name of "shadi main kharcha ho gaya" ( they incurred expenses in marriage). So, I applied a petition under 156(3) U/S 497 ( Adultery ) against her Affair. This is in session court now. No FIR registerd against them. However, they lodged counter FIR after 10 days using fanciful stories of unnatural s*x, Dowry, Violence, threating life etc etc against me. They also involved family members in dowry and violence in that FIR. Police arrested me to recover her belonging but I got bail on first hearing. There is no chargesheet but might be filed soon. Question: I am preparing for UPSC/SSC. If i got selected, Can UPSC/SSC withhold selection or reject on basis of FIR/Chargesheet? I am on Bail. Question 2: Can marriage be Nullified as there was no consumation of marriage/physical relation in 1.5 years and morever, she did adultery. If no, then how much time it can take in getting divorce in this case? Question 3: Is paying 15 lakhs only quick option to bring peace in family? She can also do more drama to implicate me and my family in more cases which she always threaten.


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 4 Replies

saravanan s (legal advisor)     03 August 2015

dear mr himalaya i advice you to file a contested divorce case on grounds of adultery as you seems to have very strong proof for adultery being committed by your wife.

annulment on the grounds of non consumation is difficult to prove hence go for contested divorce.also she wont be entitled for maintenance if you could prove adultery charges.

as far as the cases filed by your wife are concerned face it on merits.

dont pay any money to her and let her face the contested divorce

Himalaya   03 August 2015

Sir, Please clear my Doubt on UPSC/Gov Job. Will there be problems? Also, She herself Admitted ( Although False) in FIR that when I tried unnatural s*x, she was able to deny. So won't it be proof that no consummation of marriage took place.

ANAMIKA VICHARE (LAWYER)     06 August 2015

Yoiu must fle a Petition for a decree of Nullity on the goround of cheating and non-consummtion u/s.12[1][a], non-consummation, s.12[1][c], cheating, suppressing her affair and  alternatively for a decree of divorce on theground of cruelty andadultery

 

adultery s.13[1][i] and s.13[1]ia] of Hindu Marriage act, you will succeed, dop not pay any alimony

 

you concentrate on your studies as well...if yo get selecte, you can show up all docs

 

Himalaya   08 August 2015

Thankyou. Thanks a lot. So these will be two cases or can be combined in one case?

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