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shreyaa (Software engineer)     28 July 2010

Is it possible to nullify a registered marriage?

I have been forced to to registered marriage under HMA on May without performing any regular marriage ceremony. My partner had created fake marriage invitation card & we got it registered. Now due to his over suspisious character & threatening nature, I fear to live with him. we have not stayed together til now. When I attempted for suicide, my parents got to know this matter this month & I have filed a petition praying for null & void of the marriage. On the other hand, my partner has also filed a petition to live with me. The reason why I fear to live with him is he blackmails me with some photos & visuals of mine which are in his possesion. I'm very confused whether I will get Null & Void? I want to know whether I can file an FIR against him for his threat & blackmail ? Pls advice.
 



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 9 Replies

Mugundhan (Lawyer)     28 July 2010

First of all, in what way were you forced? you are saying that marriage invitation was faked, but you admit that you were also a part of it by saying that " we got it registered". Regarding the nullity or validity of marriage the petition is already pending before the Court and the Court will decide on the Validity of the marriage. As far as the blackmail threat is concerned, give complaint only if the threat is real. Don't think of giving police compaint as a pressure tactics, as it will only complicate the issue. In any case, don't attempt for suicide, as life is God's gift to man and you have no right to take it. Try for some conciliation or counselling with ur husband.Best of Luck.

1 Like

shreyaa (Software engineer)     28 July 2010

Thanks for the reply Mugundhan sir.

My partner has blackmailed me with the obscene visuals of mine to do a registered marriage.He threatened me that if I dont accept for his deal, he would upload those on internet

Mugundhan (Lawyer)     28 July 2010

In that case you can and should definitely give a compalint to the police and initiate criminal prosecution. Also in the case which you have filed for nullifying the marriage, if you can prove that your consent was obtained by blackmailing, the court will pass a decree declaring that the marriage is null and void

Arup (UNEMPLOYED)     28 July 2010

I AM CONFUSED TO SEE YOUR CONTRADICTORY POSTING.

EITHER YOU TELL , YOU GO ON A REGISTERED MARRIAGE WITH HIM OR SAY NO.

IF YOU GO ON REGISTERED MARRIAGE UNDER BLACKMAILING, THEN APPLY U/S 12(1)(C) OF HMA - AS MR PRABHAKAR RIGHTLY SUGGESTED.

IF THE MARRIAGE IS NOT REGISTERED BY YOU AND BY FRAWD THE MAN MANNAGED IT, THEN IT WILL NOT COME UNDER SECTION 12(1) (C) . SPECIFIC RELIEF ACT APPLICABLE.

CLEAR THE MATTER.

AS HE BLACKMAILING YOU; AN FIR MUST BE DONE BY YOU. FOLLOW MR PRABHAKAR'S ADVICE.

IF MARRIAGE IS REGISTERED, GO ON 498A & DV CASE. MINTENANCE MAY ALSO CLAIM.

SEARCH THIS 'FAMILY LAW' SECTION - MANY SUCH CASES POSTED.

1 Like

shreyaa (Software engineer)     29 July 2010

Thanks a lot for your kind replies and valuable advices: Mugundan sir, Prabhakar sir & Arup sir.

I have filed a case under Section 12 (1)(c) of the Hindu Marriage Act for getting a decree of nullity. Actually I have given a police complaint to recover the visuals from him last week, police couldnt arrest him because he is under the protection of some advocates who are his relatives. So only I'm thinking of moving to Commisioner Of  Police for help to file FIR as soon as possible.

I also doubt whether he would handover those visuals to police because while police conducted enquiry & counselling with both of us, he denied of having any such visuals with him. If he stands firmly that he dont have those or if he had destroyed those visuals by this time, how will i prove his wrong intention? Pls advice. My parents & relatives are very much supportive yet I'm much worried about causing lots of mental trauma to my family.

Arup (UNEMPLOYED)     29 July 2010

as you filed 12 (1) (c) - it means the marriage was duly solemnized.

his father may be prime minister,  but he is a culprit. law will take it's own way.

go to higher police authority thereafter pray to court for the same.

Arup (UNEMPLOYED)     29 July 2010

for lost documents more details required.

better you contact a senior advocate of your area.

might be the matter should kept secreat.


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