Annulment of marriage

Dear Yes you can file, in Chandigarh u can file, court take its own time, presence is not required always but sometimes court may ask the other party's presence, yes ex-parte decree could be passed by the court.... Kapil chandna adv, 9899011450

@Kaps: While posting a query in such public forums, you should maintain minimum courtesy.  You cannot demand a reply favoring you.  If you do not like somebody's views/opinions, just ignore it and proceed with others opinions which may be more meaningful and useful as per you. If you say that you already know the clarification through a similar case by a judgment passed by Delhi high court, what made you to ask the same question again here?, are you seeking second opinion or cross verifying the skill of the experts/advocates here?

However, I shall give my views to your queries:

If she feels that she has been forced to marriage or the marriage was against her interest, she can very well file a petition seeking annulment of her marriage by a decree.

Yes she can file in Chandigarh itself, if that is her place of residence now.

You cannot use the phone call recording now.

It depends, if he chooses to to not appear before court after receiving summons, the court may decide, if satisfied of proper service of summons to respondent, to set the respondent exparte on the next date of hearing itself, then the case will be concluded within a span of two months too, but if he chooses to contest, it may extend to years.

She will be petitioner, so for filing she alone will be required to be present, on receipt of summons he may be required to appear before the court either in person or though his lawyer if he decides to contest and challenge your case or if he prefers to stay back, he cannot be forced to appear.

Replied already in the above lines.

 

First of all thank you for replying and sorry if you felt wrong way, but I just wanted some second opinion on the same. 

I have one more query please reply to this as well:- 

1. What will the procedure to send the summons to him if he leaves India?

Once again thanks a lot for your reply.

Hello Kapil,

 

Are you from chandigarh? I can consult you on this case as we are also looking for a lawyer who would represent us. Or if you can provide any reference then that would be awesome.

 

If he is in India or abroad, what the court demands is the proper service of notice to him.  So, if he leaves the shore, you must have his correct address (if possible office address also) in the foreign land.  The court will ask you to send notice to his abroad address.  Once it will be received by him and he does not turn up to the court for the appointed day, the court may order for ex-parte and from then on, it is cake walk.

I am not a chandigarh based advocate.

He is in India currently but due to peer pressure from girls parents she can not go to court in few days and after that the guy would leave for off shore. We have the address for the same. Which is the best way to send the notice to him through courier or through registered post so that we can account for that it has been received by him in the court. 

That does not be a problem.  She can file the petition in the court giving husband's foreign address.  The court will direct her that how the petition and  court notice has to be served on him, by courier, speed post etc.  she should send it through court only.  Once, you engage an advocate he will see the nitty-gritty of all these petty matters.  Once husband accepts the court notice and does not appear, she will get annulment decree.

Thanks for your replies.

Another scenario, If she is not able to take the address from him or he refuses to give his foreign address can it be sent to his parental home in India where his parents are living. And will that qualify as the summons has been received and if he does not appear then it will be treated as ex-parte.