Need Peace!!! (Nothing) 16 June 2014

Need advice on nullity...!!!

Hi all Need your advice.

It's been 1.5 years, fighting this court battle. And don't want to fight any more.

My wife asked me to marry without informing to our parents & I married.
Her parents didn't accepted and she is also not willing to come now.
I have filed RCR, they requested me for Nullity. I said OK. The marriage was not consummated.
Later on next date they came with counter saying I have forced, threatened this marriage.
My wife filed a new case U/S 12 of HMA. Praying for Annulment of this marriage & alumnus amount. Again filed IA maintenance U/S 24 of HMA for alimony.
I have contacted them and said what ever you want I'm ready to give you nullity or MCD then why are we fighting. They say lets ask my advocate and after talking they say you have filed a case so we have to fight right lets fight, don't call me (father-in-law says).

Query:
1) can request judge, I want to withdraw RCR and go for Annulment of this marriage?
Annulment under the ground as fraud : she requested for marriage and now say in the counter and new case that I have forced this marriage under force & threat (I'm sure her advocate is playing this). I have proofs which proves that she requested this marriage that day.

2) If I become Ex-party, we both get nullity. But what about their demands about alumnus money in maintenance & annulment applications? Do I need to pay if ex-party or any other problem if I become ex-party?

3) How to solve this problem? I lost my job I don't have money to give his advocate, I'm sure his advocate need money because my wife's family has good enough money and are in far better position than me.

Thanks.
Waiting for your advice. Please advice.

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7 Replies

Need Peace!!! (Nothing) 17 June 2014

Can I convert this (RCR) family court issue into criminal case as she requested the marriage and now saying it was forced , threat and demanding for money in new petition and counter?

If yes then what is the section?

any one or Amit please guide me... :)

Need Peace!!! (Nothing) 17 June 2014

OR
How can I convert this RCR into Nullity? Can I say in court that she has cheated me so under fraud this marriage has to be void or nullified. Any -ve remark??

Please advice....

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 17 June 2014

NULLITY IS BEST SOLUTION.

IT NEEDS AN EXPERT ADVOCATE.

Advocate Ravinder (Advocate/Attorney) 18 June 2014

By reading your query, I understood that they just want you to harass you and making you fool. They want to extract money from you and if it is not possible they want to harass you in one way or the other. It is better to wait for some time till everything is settled. But you have to appoint advocate from your side to defend her cases. As you are unemployed now, no judge will order maintenance. If you have any doubts contact me ravinder2345@gmail.com.

Shantanu Wavhal (Worker) 19 June 2014

ur VALID marriage can not be easily annulled.

contact a good lawyer - do self study.

this issue is NOT as simple as u think - 5-10 line explanation would not suffice.

T. Kalaiselvan, Advocate (Advocate) 21 June 2014

Why did file RCR if you knew that she will not join you in your matrimonial life anymore?, If you want to retain your dignity, you have to challenge her annulment case. About maintenance amount, since you are unemployed, express your inability before the court due to your state of unemployment.

Your RCR cannot be converted to nullity case. If she has come out with false allegations on you, the same should be challenged appropriately. Do not leave her case to be exparte decree against you.

Need Peace!!! (Nothing) 23 June 2014

Hi All,

Thank you for all your reply.

I have filed RCR because I didn't speak to her after the marriage's second day.
I felt her parents might be misguiding her, so lets talk to her first but they didn't allowed us to talk.

Finally I have filed a case in Court after 5 months of the marriage, I was not aware of any thing. One advocate held me in filing and I gave him money for helping me.
I thought after speaking to her i'll close this matter. If she ll come, ill take her. But she said I don't want to join u. Cool I said ok do what ever you want. I'm ready to give you what MCD or Nullity what ever you want. So from next court day the dram started as I have forced , etc , etc.

@ Amit ; sorry I don't have much knowledge but one logical situation can get nullity as I think. Just correct me.

First of all she initiated this marriage because her parents are getting marriage proposals, I was asking some more time. My friends are proofs and also I have the voice recording of her statements. Now she is saying that I have forced, threatened her for this marriage in counter as well as new case. If I say court that she is playing with my life or my matrimonial life and cheated with my matrimonial life as she initiated the marriage and now saying me as fraud. I was not aware that she was playing with my matrimonial life so I came to court with RCR. I request the Hon'ble court to annul this marriage as she is cheating me, don't understand the importance on a marriage.

Correct me please.

Thanks.