Vinod Kumar 27 June 2015

Petition filed to nullify the marriage- plz Advise

The most repsected legal consuel.

I am Athish Vinod aged 33 yrs from Bangalore. I got married on 5th June 2014. It was an arranged marriage solemnized by elders of both the families. We found her profile from our community marriage bureau.

We didn't have any time to know each other before the marriage. The girl’s parents arranged everything in a hurry. We had an engagement just one day before the marriage. Hence there was no chance that we both could know about each other.

She is a working women in a MNC and 31 yrs old. Their family had told us that her marriage was fixed with another person and got cancelled on the day of marriage due to some financial discussion some 14 yrs back (they had mentioned this on the matrimonial form as well).

We went ahead with the alliance because the marriage was cancelled because the groom demanded the dowry and we trusted the girl's family for their honesty.

After the marriage on 5th June 2014, we went for a holy trip for 4 days came back to Bangalore. I noticed that she had cut marks on her left hand (probably has cut using a blade), when asked she replied it is because of a girls matter.

I hosted a non-veg party on 16th June 2014 for both the families and realtives as part of our community tradition.

Due the commencing of aashada month on 17th June 2014 (during this period, the newly married couples has to stay away from each other till the month ends. She came back to marital home on Aug 1st 2014. As stated we both are working professionals. Mine is general shift timings and she used to leave home at 10 AM and return home at 11:30 PM. She used to come home very tired and disinterested even though she used to travel to work by a cab provided by the company.

She never disclosed her salary details to me and on every weekend she wanted to go to her parents house. She was not affectionate and caring towards me and to my parents. She was not interested to live with me as my parents stay with me. She never did household work. She just used to go to work come back home and sleep. Didn’'t used to talk to anyone.

Basically she was not interested in the marriage and she got married only for the sake of society as she had a pressure from her parents and brother. She always wanted to marry a businessman or a man who is earning 1 Lakh per month.

On Sep 5th 2014, she left marital home by quarrelling with my parents and finally on 20th Sep 2014 she came with her elder brother and took her clothes and jewels including my chain and engagement ring that was given at the time of marriage. We tried over level best to sort out the issue and bring her back but all vent in vain as they were not supportive.

Hence I consulted an advocate and sent her a legal notice saying to come back to marital home immediately and within a month I got a reply notice saying that she has all the evidence to file a dowry case and domestic violence act against me and my parents and also stated that she is ready to start marital life with me.

So, again I sent a legal notice again saying that we can sort the difference by meeting at a common place along with our legal counsel. Another fact is that she never allowed me to touch her.

I got a second reply notice from here, in which she spoke only lies. She said I don’t have the ability to perform a s*xual act; she wanted me to consult a s*xologist and psychiatrist and said she would file a dowry case against me and my aged old parents.

Again I sent a reply for her second notice in Jan 2015, saying the same we are ready to have a dialogue to sort out the differences but we didn’t get any response from her and her parents.

Now exactly on 5th June 2015, she had filed a petition in family court to nullify this marriage due to unconsummated marriage and has also said I am impotent.

My only doubt is, why she didn’t mention that I am impotent to my first notice reply, at that time she said she is willing to return to the martial home

Now I have decided that, I don’t want to lead my life with such a girl, who is not responsible, loyal and honest in a relationship.

We also came to know from one of her close neighbor that she had got married already and had got divorced. They entire family has hidden this truth from us.

But the person who told about this, might not come out in open to say this truth. Can we find her divorced records in the family court?

She is doing the exactly the same, what she has done to another man.

Possible she wants to make a quick buck , so once she gets money they will vacant this area and will move to another area and again will start hunting for a groom again.

I don’t want another person and his family to get cheated from this girl and her family.

I have to appear before the court on 5th Sep 2015. Please advise me, on What need to be done?

Do I need to undergo potent test before the court order me to do. Even If I prove that I am potent, I don’t wish to continue martial life with her, as I don’t see any honesty and loyalty in this relationship.

Awaiting for your reply

Athish Vinod

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10 Replies

I walk alone (Asst Manager) 27 June 2015

Hi Brother

Seems like I'm reading my own case, excepting the my wife was not married previously. My condolences for you bro! dont worry things will be fine Just believe in one thing, you're the anchor of your life.

Well, now lets start, be prepared with 2/3 things

Appoint a good criminal lawyer & get AB bail for your parents beforehand itself (you're going to receive a summon from police station about 498A, 406, 125 CRPC.

Secondly, try & explain to your lawyer about her previous marriage & see if the lawyer can infer anything once the case starts.

Dont file any Section 9/RCR etc, as it will not mean anything (your lawyer might suggest so) but I would suggest not to go ahead with it.

as you said, your wife is already working, hence, you try to arrange some records of her employment (any letter, any Id card, salary account statement, anything which might be helpful for you to prove that she is earning and capable to earn, as you're also going to face a alimony case too

now the trickiest part

Impotency : Ha, ha ha, we men can only laugh about this when our dearest wives mention this word in her case, as if we have some weak bones and they have the most godesslike organs. Brother, Annulment of marriage is medico-legal case, hence, yes, you need to go for a test of it (PIPE TEST they say) but I suggest, hold on your horses, cause, if you do now, and found that you're perfect (which i believe you must be) then also once the case starts, if your wife's side gives an objection, the court might ask you to go for the test once again. Hence, I suggest, not to be done, but your lawyer might ask you to get the same done, now you discuss among your friends and well-wishers and also ask your lawyer what could be the best option for this test (Now or later)

Well now to answer your query, there is only one way of coming out of this, Mutual Divorce (which your wifes side will not seek as of now,as you said they are money seekers, but as a matured man, you can staright away ask you FIL/MIL or any close relatives of your wife. Tell that you've got proof about your impotency and, hence the annulment case will not stand, so better go for MCD, reocrd whatever they say and use it against them, they may blame/shout/yell upon you/your family members but dont loose your cool, as I said in the begining, you're the achor.

After consultation with the lawyer, try to slap your wife with

Fraud (Previous marriage not informed)

Extortion (Asking money against domestic violence case)

Defamation (Impotency Clause) & some more which I'm not able to re-call but definately will be tell you soon, & sit back and enjoy.

But dont forget Anticipatory Bail from High Court ASAP for yourself and your parents.

Look brother, if you're true by your heart, you shall come out as winner, this is what is driving me & shall drive too..

I walk alone (Asst Manager) 27 June 2015

Some more thing to add,

Had it been documentated, that her items had been taken away by her brother & herselves, if not, pls file a FIR to police station about theft of those items from your custody and put a prime suspect to your Brother in Law, you lawer will frame it in a super nice way, if it is documented, then also it is benificial, as you will have a upper hand if she claims her streedhan items from the court
All the items which had been given from your relatives, pls do not return to them, She will definately be asking by Hook or crook, your lawer needs to prove that those items are given as for time being not handed over (VAT Bills would remain to your relatives in their names only, hence the same needs to be taken up strongly by your lawer)

adv. rajeev ( rajoo ) (practicing advocate) 27 June 2015

If you want to disprove her petition allegation you have to take strain . First appear and file objections to the main petition.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 June 2015

Since she has already filed a void marriage petition you should file a stay aside petition from her allegation with no objection on her divorce prayer.

This will help to get your divorce quickly. Remarry and be happy.

Another thing, Please file this petition Party-in-person (Without Advocate).

Advocates will always seduce you to prologage the matter and extort you in these cases.

You can see my links in my profile to get a sample WS petition and draft it by you, notarized with court fees, serve a copy to the petitioner (opponent lawyer) in front of the magistrate so that the magistrate will record it and submit the original WS to the magistrate.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 June 2015

Once you get divorce then you can file defamation case on her (IPC 499 read with IPC 500) by showing your medical report.

Please understand this tactic.

FREDYCHARLES RK - Bangalore (Advocate) 27 June 2015

Yes I agree with Rocky under the assumption she has indeed treated you cruely by refusing to consummate and brading you the way she thinks. In case you need help you can reach me at fredycharles@yahoo.com or 9886627403 in Bangalore.

Vinod Kumar 27 June 2015

Thanking all for the replies,

In her petition, she has stated that it was me who refused to consumate. I always sensed the danger from her and her family. She never used to talk to me and never showered her love upon me.

You people won't believe, if I say that She didn't even saw our marriage photos and CD's.

she has mentioned that she did everything from her end to vow me into intercouse but I refused for some reason and hence she has termed me as impotent.

Infact, I lost peace of mind because of her attitude. I was on the verge of losing my job after marriage as I was working as a contractor with PwC Service Delivery Center.

I lost my job, after she moved out from marital home. By god grace I was able to find a job within 20 days.

I had also told her brother that I might end up losing job and want to cancel this marriage. Then he said that I don't have to worry about this and encouraged me that I would find another job since I have experience.

Infact, he said even his sister has impressed her interest to marry me. All this got turned after marriage.

Vinod Kumar 27 June 2015

I forgot to add this,

We are 100 percent sure that she was married before and got divorced, but we don't have proof with us and none of the people will come forward to tell this in the court.

If she had got divorced, will the records be available with the court?

Can my lawyer, request for the same. I am saying this with 100 percent confidence that her marriage with me was her second marriage, they cheated us by saying that the eariler marriage was cancelled.