Regarding cancellation of hindu marriage
Shivaji
(Querist) 23 June 2014
This query is : Resolved
Respected Jury,
I have been married to a girl as per hindu tradition on 10 May 14. But havnt registered my marriage yet.The third day after my marriage i came to know that she was forced to marry with me. Though we are in relationship for 09 years. But after i joining the job she showed less interest towards me.When i used to ask her why you are behaving like this. She used to skip the dialogues between us however some times she told that her family cant afford the money for their marriage as her parents offered me. But that property was beyond their limits. But they promised our parents.I thought that she was afraid of the financial problems in her family. for that i promised her hat i will provide some money during marriage and rest after some days. I convinced my parents with some reasons and they agreed for that.But my parents dont now the real truth. However my marriage ceremony completed like a grand carnival.From marriage onwards i am observing her behaviour. She is not yet all interested on me. She is avoiding me, not allowing me to touch her,neither sitting besides me.she convinced me to cancel honeymoon, the first night.But i agreed with her requests as i dont want to force her in physical relationship and love life. She asked two months for physical intimacy that to unwillingly. I accepted for her. On the third day she took my mobile and called her brother satish and her sister in some other place.i denied at first to give the mobile as her brother resides besides my house. But requested me to give a mobile. I gave the mobile and went to my hall at downstairs.She continued to call her brother and other relatives through my mobile. At night i had a practice to note the day to day activities and discussions in my mobile. Than i heard the phone call conversations of my wife that she is in relationship with his brother (her mother's elder sister's son) named satish. In that conversations she and that guy satish decides to commit suicide a week difference. And whatever she was behaving with me because of his instructions passed to her to avoid me even after marriage also. Than i submitted a petition in district family court for cancellation of marriage. i want to cancel the marriage as she was so character less that she dont have respect to relationships in our culture committing relationship with her own brother. Now she is seeking apology to be my wife forever and never commit such mistake again. i am not intrested to continue any relationship with her as she know me since nine years and strongly love and i going to marry her.Inspite of that she did so. As i'll be far away from my family for duty purpose.Continuing the relationship with this girl may involve unhappiness and complications in future. I humbly request you to is there any section in indian penal code to cancel this marriage. I have an evidence of their phone call conversations. And they agreed in front of marriage and village elders. That they committed this wrong thing. But they (satish and my wife)dont have any physical intimation. So i kindly reply me for solving this problem.
Sudhir Kumar, Advocate
(Expert) 23 June 2014
not able to convey any problem with clear understanding and giving a workable advise.
R.K Nanda
(Expert) 23 June 2014
query too long.
Devajyoti Barman
(Expert) 23 June 2014
This is not a ground for cancellation of marriage. However you can file for divorce and since one year has not passed you have to file another application for leave of court to bring this suit within one year of marriage.
Raj Kumar Makkad
(Expert) 23 June 2014
Seeking divorce is the best option in the given case instead of trying for cancellation of marriage.
Sankaranarayanan
(Expert) 24 June 2014
They don't have any physical relation ship then why you forgive and give one more chance. If really have any other reason further then go for divorce
malipeddi jaggarao
(Expert) 24 June 2014
Unbelievable story.
You have 9 years dating history.
When you people are dating for the last 9 years, where is the question of entertaining such idea on her cusion?
You could not know what is there in girl's mind.
You say that they do not have any physical relationship on one hand and on the other you say that they have agreed before the elders.
All are contradictory statements.
In any case you are on the weak ground. You can not prove what you say, and you will land into problems if you try to divorce. The girl's side will file cases against you and you parents/relatives.
Hence, analyse what exactly has happened. Unless there is physical relationship, no girl or boy is ready to die.
ajay sethi
(Expert) 24 June 2014
you have been married only for 45 days . no divorce petition can be filed until period of one year has passed from date of marriage . better visit a marriage counsellor to save your marriage .
Shivaji
(Querist) 24 June 2014
sir she cheat me....though i loved her she continued her affair with his own brother....and more over her relative knew that. and also they admitted their mistake. And i have the proof (phone call recordings, the call log, and the photos of my marriage which shows her attitude for unwilling marriage with me) and the village people who heard their explanation and admission of mistake done by them. ANd every one knows that what i am and my parents. They know my love for her. How can she file against me. She committed the mistake and she caught, how can she file a case against me.I dont want to continue the relationship with her anymore.Shall i appeal the court to declare this alleged marriage of me with respondent as nulity of marriage.
Devajyoti Barman
(Expert) 24 June 2014
You are unnecessarily repeating the same question.
This is a case of divorce not nullity.
To get it you have to prove the allegations.
Shivaji
(Querist) 24 June 2014
Do i get the divorce with these evidences?
ajay sethi
(Expert) 24 June 2014
you have to prove allegations of mental cruelty etc to get divorce
Raj Kumar Makkad
(Expert) 24 June 2014
In the given facts, a petition under section 13(1)(ia) of HMA can filed on the basis of cruelty.
Biswanath Roy
(Expert) 25 June 2014
When a girl did dating with you for long nine years and loved you which was ended in marriage how the same girl can love another guy side by side. Do you think any body will believe this story? Do you think any Judge will believe this story? I shall not advice you for Divorce because it will be a long drawn proceeding and your wife and her parents may file number of cases against you and your family members as a measure of retaliation which may call peril otherwise. So my advice is to arrange for mediation calling both side parents and settle the differences amicably and peacefully.Mind that in modern era CHASTITY is merely an word lying in the English Dictionary but very seldom in material existence.
malipeddi jaggarao
(Expert) 26 June 2014
I am really delighted to have identical mind with the expert Mr.Biswanath Roy.
Shivaji
(Querist) 26 June 2014
Sir,
But i have the evidence of phone call conversation of my wife and the other guy speaking which was recorded by auto call recorder in my mobile. And they decide to commit suicide. And also discussed the matter of their love and their parents involvement in this affair. Their parents scolded them about their love and forced her to marry with me. Each and everything how she was acting from the day of our engagement to day after my marriage. Whatever instructions given by him to her is implementing on me like not to touch me, not to spend with me, avoiding first night with me, not to get on my bike, cancellation of honeymoon etc.Even they are so deep in love exchanging their agony by crying and expressing the words "I LOVE YOU" in reply she told " I LOVE YOU TOO". i thought she was a countryside girl and dont know how mingle with me and soon will change and get in my route. And i also projected her way behaviour to her parents and i suggested them to give her a counslling to change her attitude. Till the date of marriage i waited for her. But of no use. Even after marriage also the same thing continued. But two days after marriage she took my mobile to speak to his relatives than she caught by conversations recorded by auto call recorder in my mobile. And they admitted this mistake infront of village elders.Now their parents seeking excuse from me. To which i am not ready. Inspite of loving her so deeply she made this worst thing.
malipeddi jaggarao
(Expert) 26 June 2014
Mr.Shivaji - stop this thread please.
You have not answered our pertinent question how a girl can be in dating with you for such a long period when she is in love with somebody else? How you could not sense this all these years until you got married with her? How anybody can be so fascinated when they do not have physical intimacy?
It is a story. Please do not waste our time. Or come with real facts in full.
Raj Kumar Makkad
(Expert) 26 June 2014
Nothing is impossible in the world. Though it is difficult to believe multiple love stories of a girl simultaneously but none can say it is impossible.
You being sufferer have every right to agitate as you have already dtermined. go ahead.
Shivaji
(Querist) 26 June 2014
@jaggarao sir....u r just pin pointing on dual relationship at same time. Why it cannot be happen. Its happening now a days in society.The illegal affair are arising by this activities only. That u are not understanding.When she is clearly spoken with his boyfriend in mobile and she admit that mistake. I request only one answer these call records are sufficient enough to prove the gulity of that girl in court. One more thing sir..she is affectionate with me till i get the job. After training i spoken with her parents about our and i promised to marry her after my sister marriage. They agreed for that. But she is not happy with that. When i used to ask her problem she didnt replied. The days passed after my sister marriage. My parents fixed our marriage. Thereafter also she is not happy and not even willing to talk with me. When i asked her problem she just asked to postpone the marriage. Same thing projected to our parents but refused it. After that she told me " whatever is happening is at your will only so do what you want." i frequently used to ask her mother why she is behaving like that...her mother used to say she is not brought up well,,,countryside girl etc. Than i asked her weather she intrested on me and spend the life with me. She hesitated some time and reuested that she will accept after august of this year. I cant understand her problem and finally married her on 10 may. The rest of the things u know.in my view she is not willing to continue her life with me thats why they want to commit suicide. As society wont accept a brother and a sister to be lovers they parents scolded them and forced to her marry with me.And that girl cant explain this reason to me as it seems awkward. Indirectly she intentionaly shown a rejection type behaviour towards me so that i wont marry her. But i dont know this reason so as i promised her and her parents that ill marry. i did so. One important thing is that she started avoiding me when that guy and his family came to our village. I was in other station and at sea for my job purpose and mostly its difficult to speak with her because of my duty. When i came to leave i observed her she is talking continuously in phone for a long duration. But she never used to talk with me such a long duration.But i never doubted her but some times i used to ask her she used to replied that she is talking with her best friend Pooja and her brother serving in Army.
Biswanath Roy
(Expert) 26 June 2014
Although I believe everything is possible in the World because logically all crows are not black yet proposition and inference related to the fact as complained of is fallacious. My matured juristic sense apprehends some suppression of material facts. However, one may proceed for divorce but the cause narrated does not conform with the requirements of law.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
I think the author will understand rather not willing to understand the experts opinions and advises hence he is repeating the query. Let us stop rendering him any more advise.
malipeddi jaggarao
(Expert) 27 June 2014
At first instance I seek permission from my learned co-expert Mr.Kalaiselvan to reply further as the author fulfilled my requirement by giving some more facts.
@Mr.Shivaji - Yes, I want this only - more facts - even now you have given only tailor-made additional facts leaving the topic of property in other words dowry. Anyway, as you came out with some more facts - I will straight away give reply.
Having lived 9 years in dating, you noticed the change in her behaviour well before your engagement. Since she is your fiance instead of rushing for marriage believing the words her parents, you should have ascertained the reasons. As you are not new to her, and as she does not wish to marry you, she would have told the truth before the performance of marriage. Your love is so blind that at any cost you wanted her and you married her.
There is no provision of nullity of marriage. It is only dissolution of marriage under sec.13(1) of Hindu Marriage Act by proving cruelty. Unfortunately in the given situation, none of the provisions apply in your case. In one hand you are telling that they are not in physical relationship. If they are not in physical relationship, it does not amount to living in adultery. Though they really have, it is very difficult to prove the adultery. Mere talk over phone without referring any physical relationship will not be a part of evidence for adultery. At any cost you should wait at least one year to seek divorce.
It is not so easy to get rid of the spouse the moment we start disliking - though due to valid reasons.
I still stand on my word that you should be cautious - first make a complaint to police narrating the entire story as there is threat of committing suicide. If she really does, their parents at least to escape the blame on their family will turn the tables against you and you and your family will be great trouble. Facts are different. But in the fight - not only the facts will be represented. For example, if a girl wants to avoid the marriage the common allegation against her husband is - he is eunuch. It is not a fact. She might have enjoyed her marital life physically with him. But once she has to take defence or make offence, this allegation is very common. So do not take light, and make a complaint to police. The evidence you have in your hand is enough to make a police complaint stating that tomorrow if something really happens you should not be held responsible. You should be firm enough enough ignoring the prestige of both the families.
Regarding your divorce - You will have to wait. It is not a instant coffee to have that easily.
You are accepting that dual relationship is common nowadays. As my learned co-expert Shri Biswanath Roy stated - Mind that in modern era CHASTITY is merely a word lying in the English Dictionary but very seldom in material existence - and that you too believe in it, better exercise patience. We do not know how the things would take shape in due course. By heart and heart you loved that girl, though you know that there is some problem, you did not leave her. Hence wait for some more time. Who knows after proper counselling by elders she may forget the affair and starting loving you again. Unless the divorce is with mutual consent, it takes years and you will have to understand lot of stress, strain and loss of money. After all that, what is the guarantee that you get a girl of your choice with stinct on your face.
Shivaji
(Querist) 27 June 2014
Thank you Jaggarao Sir for your kind reply. But sir i am thinking i am failed to explain you the exact agony and the situautions i have been faced since 07 years with this girl.But my heart never rejected her and i thought i desired to give her a bright future as she dont know the outer world. Unfortunately, the third day of my marriage the truth broken out for avoiding me with this call recording. But whoever (like elders, relatives, police and even advocate and my officers) listen my words and the conversation of my wife and that guy, they realised the truth & my pain and suggested me to place a petition against her to cancel the marriage by saying that marriage was done against her wish (as she told in the phone call to that guy and dont want to spend the life with me).
malipeddi jaggarao
(Expert) 27 June 2014
I am not denying what you say. I only suggested two things:
1) File a police complaint that she is threatening to commit suicide because of this episode and if something goes wrong, you should not be held responsible.
2) Wait for sometime and look how the things turn-up.
Even if you file n number of petitions, your case will not be finalized in a short span until you complete one year in marriage and until she gives assent for MCD.
Rest is left to you. You decide what to do.
Raj Kumar Makkad
(Expert) 30 June 2014
Threatening to commit suicide by wife is a valid ground for divorce-Hon'ble Supreme Court of India
So act accordingly without wasting much time on repeating the same thing.
