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(Guest)

Will i be punished

Dear Experts.If my wife's side prove that i forced her to get married under special marriage act and I had met her in her home whenever there was nobody .I was fraud .Will i be punished fro this.I did nothing wrong but these doubts always make me tensed so pls reply me.
 



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 12 Replies

**Victim** (job)     29 December 2011

What section have they applied on you ?


(Guest)

section 25 of special marriage act

**Victim** (job)     29 December 2011

would you be a little bit specific on what grounds they are proving your marriage as void ?


(Guest)

I was fraud to her and dorced her to get married and the marriage is not consummated but nothing is true.


(Guest)

can you prove

**Victim** (job)     29 December 2011

Well do you have any proof that she was living with you ? Upcourse the only lie she can say would be marriage was not consummated because what so ever happens between two of you happens would happen in a closed room. You have to prove that both of you did lived as husband and wife and pls read clause 1) which might be very important for you since you are not neglecting her or refusing to stay with her !!!

 

In your case you will try to argue as per clause (iii) in which you have ot prove that other party never showed any willingness to stay with you then how can a marriage be consummated ? You should be allowed to stay with her if that's the case.

 

The Special Marriage Act, 1954

 

25. Voidable marriage. -

 

Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if - 

 

(i) the marriage has not been consummated owning to the willful refusal of the respondent to consummate the marriage; or

 

(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

 

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the India Contract Act, 1872 (IX of 1872):

 

Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-

 

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;

 

(b) that proceedings were instituted within a year from the date of the marriage; and

 

(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree:

 

Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-

 

(a) proceedings have not been instituted within one year after the coercion have ceased or, as the case may be fraud had been discovered; or

 

(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     29 December 2011

Opponent has to prove and it is not that easy.

1 Like

N.K.Assumi (Advocate)     29 December 2011

One who wish the court to believe in the existence of a certain facts, must assert it, by providing the materials facts  before the court that a certain facts exist. So let her prove it. Marriage was solemnized as a court mariage and not in isolation, and it will be difficult to assert what she is alleging now. Face the trial.

1 Like

ritu sharma (lawyer)     29 December 2011

your query is not clear. give clear facts of your case.    i feel you are concealing facts of your case till you clearly mention it is difficult for anybody to give fair advise to you.

advocate ritu shrma 

 

Shantanu Wavhal (Worker)     29 December 2011

I was fraud to her and forced her to get married.


how can a civil (wrongly called as registered) marriage be conducted by fraud ??

one has to submit his relevant documents.

1 month notice period is mandatory.

husband & wife both sign the register in front of witnesses and registrar.


defend their alligations

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     02 January 2012

there cannot be fraud civil marriages on registration, don't worry. 

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     07 January 2012

marrieed  is noi frad 


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