Yearning for justice for 2 years. case of nullity of marriage.
uproar2peace
(Querist) 03 March 2014
This query is : Resolved
Hello Sir/Madam,
My life story after the ghastly court marriage is indicated in nutshell.
1. I did court marriage (it was arranged marriage) but did not stay with my husband since it was mutually decided by both my husband's family and my family (with my and my husband's consent) that we would stay together only after the ritual marriage which was supposed to take place after 3 months of court marriage. However, after court marriage, husband's family and my husband changed drastically. It was a sophisticated dowry case. Moreover, they refused to give the marriage date till we give expensive gifts and so on. My husband would mentally torture me regularly over phone and tell me point blank that he wishes to see my parents dead. Just after court marriage my mother suffered a heart attack, so I was in dilemma and could not break off with my husband keeping in mind the delicate condition of my mother's health.I suffered silently for 7-8 months.
2. Meanwhile, my e-mail was hacked. My husband claimed even his e-mail was hacked. Unethical e-mails were sent to my official clients. It was total mess. Also, I received some shocking details of my husband vide a letter in my postal residential and office address. I realized that I was into a fraud court marriage. My husband and his family lied to us everything. My husband is juvenile diabetic (proves were given to us in the letter received by us) He did not do his MBA and took 8-9 years to complete his engineering. The job he got was through back door. There has been dowry death in his family and that marriage was just a business gimmick for them. They are basically very greedy people and could go to any extent to harass people if things do not go their way. They had not told anyone about the court marriage to their family friends, relative, etc.
3. After lot of drama, we filed for nullity of marriage. We did not report to police since I wanted to come out of this mess ASAP and since my husband's aunty was very good friends with my maternal aunt and the marriage proposal was given by my maternal aunt. I did not even fight for my justice. Just wanted to come out of clutches of this dangerous family and especially my husband. Also, after court marriage I had realized that my husband has eccentric behavior and unstable at times.
3. My husband has refused to sign for nullity and is contesting the case. He gave a say to my petition after 1 year of my filing the petition and casually wrote that we stayed together.
4. It seems it was my biggest mistake not to report to police. My husband threatened me outside court that he will make my life hell and he will not allow me to live in peace. My husband's maternal uncle called up and abused me over phone and told many derogatory things to me and my parents.
5. I have filed a case against my husband in police station and told everything right from beginning and told them how they delayed the ritual marriage for extracting money, home, gold etc from us and all the fraud things done by them as per the letter, which my husband had verbally agreed (he did not have choice since it was given with enough proof)
6. My husband was arrested but released in bail. Charge sheet against him is pending though.
7. In forthcoming family court hearing, I have been asked to bring witness to prove that I stayed with my parents. I have several witness and I am fortunate that I have many well wishers. Now, other part is that I have to prove non-consummation. For this, day before y'day I went to two of the reputed gynecologist. However, both of them said that there is not test which can conclude the non-consummation effectively.
My queries are as follows;
1. Does the woman really have to go through these trauma. I am fighting this case from past 2 years. I fail to understand that if I am not ready to stay with my husband, If I am not demanding any money, just peace of mind, then why so much procedure?? It was my and my family mistake that we did not do the background check and signed the court marriage just based on faith and friendship which my maternal aunt shared with my husband's maternal aunt.
2. My husband is juvenile diabetic, which was hidden to us and as per medical reports there is 99 % chance that he maybe impotent. It is clear that they postponed the ritual wedding since they knew that his condition would come in open once I started staying with him after the rituals. But still only I have go go through humiliating tests since I filed the petition for nullity based on non consumption and did not give any allegations based on advise give by my 1st lawyer? Why is my husband spared in family court. Will they not consider the FIR filed against him, as a special case and instruct him to go through physiological and medical tests as well. Moreover, reputed gynecologist are saying there are no test. Could you inform which test is the law referring to.
3. As mentioned earlier, I have recently filed case against my husband, so how does the family court and criminal court view my case. Or is it tried separately?
4. I want to study further, get a new fresh life for myself. I want to move on. How long do I have to suffer this slow killing. Isn't there any fast track procedure for such fraud cases?
Please do reply.
ajay sethi
(Expert) 03 March 2014
judicial process takes time . it is your case that marriage was non consummated . if so you have to prove it as your husband has said marriage is consummated .
if your husband is impotent have you made specific averments in your case . you can make application to court that your husband should be directed to undergo potency test .
if you had been harassed for dowry you ought to have filed complaint under 498A .
in which case was your husband arrested and released on bail ?
uproar2peace
(Querist) 03 March 2014
Thank you sir for your prompt reply.
I had filed FIR under 498A and for threatening me. I have whatever little evidences available with me.
Moreover, I am ready to go for test. As indicated in my query, I had gone to not one but two reputed gynecologist in Mumbai. But both of them said that there are no conclusive test. Hence, requesting you to inform me the name of the test required as per law for proving non consummation without outrageously hurting my modesty.
Also, since I did not stay with him, I am not sure whether he is impotent. It is my presumption based on reading reports of juvenile diabetic person after knowing that he is one of them.
My lawyer said that I should not change my petition since again the it will delay the case. Hence, he told me to file the FIR and tell everything from beginning in FIR itself after he resorted to threatening me outside the court.
uproar2peace
(Querist) 03 March 2014
Dear Experts,
Kindly help me.
ajay sethi
(Expert) 03 March 2014
498A has been filed by you for dowry harassment . your gynecologist can certify that you are virgin if you did not have any sexual relations with any man .
ajay sethi
(Expert) 03 March 2014
For non consummation of marriage you can say it on oath, get some witness to whom you informed the absence of any sexual relationship with your husband after the marriage. For the issue which is your husband impotency you have to prove it by sufficient medical evidence, for which your husband may be required to under go medical examination by qualified medical practitioner who will report about your potency or impotency that will be evidence about your second charge about your husband being impotent
uproar2peace
(Querist) 03 March 2014
Thanks sir again.
To make things crystal clear based on which I can take the next step are as follows;
1. As stated earlier in my article, I will produce two witness, preferably my neighbors who will say under oath that they never saw me go to stay with my husband from the time of court marriage till date. So there is no question of consummation of marriage with my husband. Moreover, my husband has written in the say that we did not perform ritual wedding.
2. Both the reputed gynecologist based in Mumbai are private practitioners and they have confirmed that there are no tests to confirm virginity effectively. However, I have just now read about finger test, which in my view is unethical for a woman to undergo who have never had any prior experience of anyone touching her. I have never had any relationship with my husband. As requested earlier, is there any other test or way to prove virginity without hurting my modesty any further. Also, do I have to go to civil hospital instead of reputed private gynecologist?
3. As the intention of my husband is only harassment, since the truth of him and his family has come out in open, what precautions should I take. How and when will the FIR case proceed after the charge-sheet is prepared against my husband. Is there any way that my family court case refers to the FIR since we had not written any allegations against my husband (as advised by my 1st lawyer)in the petition except that they delayed the ritual marriage due to which we did not stay together, hence nullity based on non-consummation of marriage.
I shall be greatly obliged if you take your valuable time to give me suggestion. I
uproar2peace
(Querist) 03 March 2014
My present lawyer says it is unique case. The officer who took my statement for filing FIR said it is unusual case wherein there was only mental abuse inflicted on me by my husband.
Moreover, I never stayed with my husband as agreed earlier between our families and my husband and myself.
Isn't there any law for giving quick justice for such cases. I have already wasted 3 precious years of my life (7-8 months prior to filing petition and 2 years after filing the petition) Please help me come out of this dangerous family.
Please help.
Devajyoti Barman
(Expert) 03 March 2014
You better amend the suit to include alternative prayer of divorce as if nullity is not roved at least you will be entitled to divorce.
Non consummation is indeed very hard to prove and better not to take plea of it.
Finger test is still known to be the effective test to prove sexual activity of a woman.
uproar2peace
(Querist) 04 March 2014
Thank you sirs.
I will go for finger test even though its humiliating, if that is what law is about!!
However, its more humiliating to be a divorce of a fraud person, so I don't want to plea for divorce, instead would like to stick to nullity of marriage based on true facts.
Thanks everyone for your suggestions.
