Null and void
Guest
(Querist) 06 December 2011
This query is : Resolved
I and my wife have registered our marriage on 04/03/2011 under the special marriage act.But my wife was at her home but we had met in other places and in my room several times.We have lived as husband and wife.we loved for seven years.I have many photos taken in my room and public places and love letters.But her parents forced her to suit a complaint against me in the family court to declare as void and null..I could not contact her for three months her parents do not allow me.while we were in love We had been living as husband and wife for 3 years but all were secret.
The petition is as below
1)I forced her to get married
2)We didn't live together.
3)There was no sexual intercourse between us.
4)I tortured her.
But truly i say these are not correct.If i get a chance to talk with her she will come with me.Will i get a chance to talk with her on the day of hearing.Pls guide and advice how to get her back.What should i do on the day of hearing...If she says that we did not have intercourse also then what should i do.I have sacrificed many things for her any how i want her pls guide what should i do on the day of hearing..There are many mistakes and frauds in her petition.Should i take advocate for hearing.
ajay sethi
(Expert) 06 December 2011
better engaage a advocate . deny all allegations made in her petition . you can rely upon the love letters, photographs taken in your reply .
on date of hearing your advocate will file his appearance , if you oppose application for divorce itwill be a prolonged affair
Devajyoti Barman
(Expert) 06 December 2011
What do you want, divorce or no divorce/
If you wish to contest her case and then appear through your advocate and file a written statement making your counter claim.
If no then file petition for mutual divorce.
Shonee Kapoor
(Expert) 06 December 2011
This question has been answered on the forum itself.
First of all you need to decide what you want out of this relationship now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shailesh Kr. Shah
(Expert) 06 December 2011
Agree with views of Mr.Sethi and Mr.Barman.
V R SHROFF
(Expert) 06 December 2011
Jaypal,
It seems, you want your wife, and your wife want to live with you, but her parents do not want this relationship.
You mentioned the matter is in Family Court.
So the First action will be for Councilling.
There you will get chance to meet and Talk.
You can mention the Judge, Court to allow you to talk to her, clarifying that your wife is acting under duress and force of her parents.
Court will order that she is at Liberty to live with you.
Mediator report will also support it.
If necessary, follow Ajay Sethi's guidance.
mahendrakumar
(Expert) 07 December 2011
apart from the right advise of Mr.Shroff on the subject,I advise to seek the help of some common friends and relatives also in the matter so that an amicable settlement could be reached before legal fight.
Guest
(Querist) 07 December 2011
Hi friends as you have read my problems Can my marriage be declared as null and void by the court?
ajay sethi
(Expert) 07 December 2011
have you read the replies of various experts to your query ?
if you contest and have the evidence it wont be declared null and void
Guest
(Querist) 07 December 2011
My Evidences are Some photos taken in my personal room and in park.Some love letters and SMS from her mobile.Is it Enough?
ajay sethi
(Expert) 07 December 2011
show that to your local lawyer . he will help you in drafting proper reply .
