U/s 25 of special marriage act (null & void marriage)
SHUBHADEEP BANERJEE
(Querist) 17 December 2012
This query is : Resolved
I got registry marriage on 20/05/2011 under Special Marriage Act and on 20/06/2012 the date of social marriage took place. On 21/06/2012 morning my FIL filed one FIR in khagrapur Local Police Station and on the basis of that FIR police filed a charge against me, my father and my brother in law regarding section 498A/506/34 & Dowry Prohibition Act. My wife has an affair with someone else regarding this issue some confrontation took place between two parties in the place of social marriage. Police arrested us from the house of my FIL i.e. on 21/06/2012 at 10.30 am. On 21/06/2012, at 2.30 pm. police produced us in court. CJM cancelled my bail request by saying that -A negative signal will go to the society if I release the bridegroom in bail. So I was in jail custody for 14 days. My brother in law and father was released on bail on that day. In FIR my FIL wrote that I and my family member demanded a four wheeler after the completion of social marriage, but my FIL was incapable to provide the same so we leave the newly married bride in her father house and went away. But the true fact is that police arrested us from the house of my FIL. Between our registry marriage and social marriage i.e. one month I and my wife resided in their own house, means my wife never came to his matrimonial home. After that several cases was file by my learned wife, regarding bail cancellation, suspension from service, petition for alumni etc. a cr case was also filed by her regarding sec 406/506 on December 2011. And at last on the month of January 2012 she filed a petition u/s 25( Voidable Marriage). In that petition she asked to cancelled the registration certificate and also to get some monetary relief in respect of two grounds.1) Willful refusal of the respondent. II) the marriage was obtained by coercion or fraud, My question is I never willfully refused her and the marriage was not obtained by coercion or fraud, so will I have to pay her monetary relief if the decree of nullity is passed?? I am not willing to pay her a single penny. So in the matrimonial what will be my next step??
ajay sethi
(Expert) 17 December 2012
contest the divorce case . deny that marriage was vitiated by fraud . is your wife earning . wahta re her qualifications .
engage a lawyer . necessary to go through petition filed by her to advise
Devajyoti Barman
(Expert) 17 December 2012
You have to defend the case on merit.
If your wife is unemployed you have to provide maintenance to her even if you are not willing.
Raj Kumar Makkad
(Expert) 17 December 2012
Whatever might be written in her petition, shall not be presumed as true unless the same is proved by way of cogent evidence and you have a full opportunity to rebut all the allegations.
Get divorce from such lady as the same is not meant for you. Try for MCD.
