Null and void

Guest (Querist) 04 December 2011 This query is : Resolved
I and my wife registered our marriage under Special marriage act on 04/03/2011.She was at her home and her parents did not know this.We used to meet in some other places like parks and in my room.and we had lived as husband and wife but it was secret.I have photos taken in my room and park.Before some days her parents came to know and forced her to suit a petition to declare as null and void in the family court.There they had said we did not live as husband and wife and i forced her to get married.We had lived many times but all were secret.I know it was the force of her parents she had suited the petition.I could not contact for three months.pls advice me to get my wife back.Will i get chance to talk with her in the court?If i talk with her she will come with me surely.what are the procedures i have to face in the court pls advice me.

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ajay sethi (Expert) 04 December 2011
you will have to fight the case and prove that marraiage was imndeed consummated and you have lived toegther as husband and wife.

you cna in your reply mention the dates , places wherein you have stayed together as husband and wife .

ultimately it is your wife who has to make a decision whether she wants to stay with you as your wife or be divorced .

if you contest the case divorce will be a prolonged affair

Devajyoti Barman (Expert) 04 December 2011
This is not a ground for nullity.
Anyway if she has also become ready to end the marriage then there is no point in pursuing such failed relationship.

Rajeev Kumar (Expert) 04 December 2011
Agree with experts

M/s. Y-not legal services (Expert) 04 December 2011
whatever may be your wife's parents words.. whats your wife's words?

her deposition as witness is important to your case..

more over before that both of you will be meet in mediation., just convince your wife there., if your plea is true..

Kiran Kumar (Expert) 04 December 2011
well this case can be viewed from various angles.

the fact is that the marriage was registered....the onus of proving the fact that it was a forced marriage will be upon the wife....if the marriage has been solemnized after following the proper procedure then certainly she wont be able to prove the force or compulsion so easily.

the photographs and other relevant things may help you out to prove the fact that the marriage was consummated.

it will be better for you to fight out the matter so as to delay any proceedings for divorce from her side.

once she remains entangled in this matter for a long time, divorce will not be easy for her.

prabhakar singh (Expert) 04 December 2011
1]the presumption of registration is that marriage is validly solemnized.
2]If you are contesting,the burden is on her to establish that it was a forced marriage.
3] what position you anticipate about her when coming in witness box.??
4]what is the position of 03 witnesses???
5]last not the least how you view things now?? want to continue or drop???

Shonee Kapoor (Expert) 05 December 2011
Yes, you can ask the court for mediation and reconciliation.

Insist on it and also on giving you more chances.

This is assuming you are in love and she is just leaving you because of some misunderstanding or coercion.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Querist) 08 December 2011
Dear experts pls reply.
If my wife says that we did not consummate then how can I prove that.I have only some photos taken in my room.I truly say we have consummated even before marriage (Two years consummate but it was secret pls suggest me how to prove

Advocate. Arunagiri (Expert) 08 December 2011
You can not prove it.

Null and void

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