Void Marriage

Hello...

In your case, if  you want her back then you have to give legal notice for the restitution of conjucal right from advocate. then also she not come then you have to file the case for the same reason in the family court.

But

if you do not want her back then just try to get solve the problem with her and relatives and file mutul divorce petition in the court.

Reply By: Shaulabh Shah Advocate

www.shaulabhshah.com

hi,

   buddy try to send some neutral and common persons to their house and try to find out the reason that why they r behaving like this...if there is no response then try to find out why ur wife has not allowed u to consumate the marriage...there can be many reasons behind it ...try to collect as many evidences as possible..record all phone calls...then u can file rcr or for divorce according to the situation..but dont accept their unreasonable demands or dont give any money by mistake to them as even for divorce their is cooling period of one year..thanks..

Before anything that our experts suggested, the most important thing you should do is,

1) Send a hand written Money order with some money for her stay at her parents address. Retain the recipt.

2) Send a registered post letter showing your great love and affection for her asking her to return as you miss  her ( again take a xerox of that and recipt of that) , if you have her E-mail ID, send the same mail with a read recipt.

3) File a compalin in your local PS and tell them to give a copy of your complain.

Now after these, go ahead and do all the things that all our experts have suggested above. I agree with their views. It will help you.

Cheers!

Dear PRadep,

First of all file case u/s 9 of HMA to call her back and even then if she did not come then u have a clear cut case of Divorce. Moreover it is just 4 months hence before one year you cannot file divorce case. Till then let the case u/s 9 continue.
 Else she may file any wrong case of 498 a etc.

Good luck

@Pradeep

Your case seems like the girl already had an affair and not accepting you as her husband. May be due to her parents' pressure she married but ultimately left you within 3weeks.

Now technically there are two cases which lies with you. One is file RCR and second is take divorce based on cruelity as there was no consummation of marriage.
 As rightly suggested by @Rohit Shukla, you should create proofs first. Keep sending letters, mails etc which you can prove in court. Let this activity ON for one month, and then file RCR. I'm sure to hinder your path they might back-fire with 498a but lets think positive and go like this.

Then as rightly stated by @kamal you will have to wait for one year and then you will have new ground called, desertion. No spouse can deny the other spouse to have the matiral pleasures emerging out of conjugal rights and to stay together.

Certainly people marry to maintain population and this is the most cherished institution wherein publically two humans can live together, have physical relation and form a family. But if one spouse negatives the effort of the other and take away such moments from other spouse, then the aggreived has all rights to get legally seperated from the erring spouse.

All the best!!

//peace

/Saurabh..V

Thanks for all your replies. I spoke to some of her relatives also to bring her back but nothing worked out. As suggested I have send a legal notice. I have the below questions

a) if she is not responding to the legal notice, what is the next step?

b) Whether this marriage can be considered as voidable or Null, as it is not consumated yet?

Yours Faithfully

Pradeep Sharma

Hello....

In reply of your question:

a.... If she not responding of your legal notice and/or responding of your legal notice, you have to file a case against her for the divorce or restitution of  your marriage right..... Which you have to decide.....

b.... Your marriage never be treated as the null and void as per the hindu marriage act....

And see , besically by any mean you have to file a petition before the family court.

Reply By: Shaulabh Shah Advocate...

Website: www.shaulabhshah.com

Only U go to meet her and discuss with her what's the problem if she is agree with u in that time first u can go to honeymoon for enjoy. This is your life and now very few months went so she is not like something and u try to understand her and meet alone on her house. 

BEST OF LUCK.  

Hi,

My family members again went to her place to call her back but they are not responding properly. She told that she is not interested to live with me. In case we are going for divorce. How to go about? As per the comments from Shaulabh Shah to file for mutual consent divorce in court. It is only four months completed. Can I proceed anything now for MCD or I have to initiate after one year? Suppose we decided to go for MCD, do I get any signature from her in some petition or some writings? Please guide me

Thanks

Pradeep Sharma

Hello...

yes,,, you have to wait for MCD for completation of one year.....After one year ,,,, you can file MCD...

Shaulabh Shah

Advocate

www.shaulabhshah.com