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MKSingh (Personal)     18 February 2014

Nullity or divorce? different situvation.

I have filed RCR U/S 9 of HMA, In response I got Annulment of the marriage as U/S 12(b), 7(a)& (b).

Now they have filed a new case for the same Annulment of the marriage as U/S 12(b), 7(a)& (b). The new petition has the same points as counter of RCR including 4 new points initially.

 

The Respondent is giving all false statement as it was a forced marriage under threat, coercion etc. I have managed to convince the petitioner and come back home not to consummate the marriage. The marriage was solemnized in temple and went back to individual homes as per the plan. The marriage was not consummated. I have the voice recording where she was requesting for the marriage and I was asking for some more time. The Saptapadi event was not happened and my advocate said It is not mandatory in Andhra Pradesh (Can any once from Andhra Pradesh suggest me its true or false please), other ceremonies like mangalya dharanam, toe ring, veda mantras etc happened as per the priest has done.

 

I have read a statement by Sameer:

"In reality, Judges will try to interfere and suggest reconciliation and then there are the counselors who will try to show-off their skills by asking you to try and work things out. Finally, there are  advocates who will poison their client's minds and start complicating things. They will do so either out of ignorance, or to impress their client or out of greed to increase their fees." and I completely agree.

 

In reconciliation phase the respondent requested me for nullity of this marriage and I also said ok to her and her father.  I have no issue for taking annulment of this marriage and told the same thing to judge on the first day. The counselor called both parties and tried to convince both of them and asked both parties to meet her college advocate office to solve the issue. I was late on that day and the respondent and her father were poisoned by that advocate and he became the advocate for the respondent. They have given a counter and also filed new case as fraud, force, threat etc. I think there was no need for the new case instead they can contest the RCR and prove that it was by force, I understand the new case was to increase their fees.

 

In new petition the Respondent is praying for Nullity of the marriage and 5 lacks for damaging the reputation of her life. I have all the proofs against the respondent e.g. chat saying tension is coming because my father is trying to fix the marriage, love u, etc. as I said above I have the audio clip where my friends tried to convincer her to tell to her parents first then only marry but she made all stories as her sister came for delivery and she is in 9th month. It may effect her life etc so wanted to marry secrately and we will tell in our home later.

 

 I'm also not interested in this dead marriage and wants to nullify this marriage I have contacted the counselor madam and she said the respondent's advocate is asking money and signatures on few documents to close this case. I'm not ready to give any money and sign on any document.

My advocate suggestions are:

1) Don't attend any court hearing for RCR or Nullity and they will get ex-party nullity.

       ?)        But they prayed for Nullity and 5  Lacks for damaging her life. He is saying 5 L is just to pray and they will not come and ask you for sure.

 

 2) Close your RCR and file for Nullity of this marriage as she has forced the marriage with proofs.

 

My quires:

1. If I'll become ex-party do I need to pay 5L?

2. How much time it will take to get ex-party nullity.

3. The Counselor said on first day "We are close to Judge and I'll convince him for Nullity you don't worry."

Please suggest me what to do? and if you find any other option please let me know.

Appriciate your help.

Thank you.



Learning

 1 Replies

Samir N (General Queries) (Business)     19 February 2014

 

1. If I'll become ex-party do I need to pay 5L?

Ex-party will make it easy for the opposing party to get what they want. You will have to appeal. Better avoid any Ex-parte order against you. Attend, present evidence, arguments, and let the case take its course.

2. How much time it will take to get ex-party nullity.

All depends on the judge... can take a few months to a few years. Very unpredictable. Better agree to pay something and get done with it. 

3. The Counselor said on first day "We are close to Judge and I'll convince him for Nullity you don't worry."

Don't believe such statements. 

Please suggest me what to do? and if you find any other option please let me know.

Work something out with her and pay her some monies now and some later, depending on how much you can afford to pay. If you can afford to pay it all, I suggest you pay the 5 lakhs and get done with it. If you are participating in this forum, it means you are qualified enough to earn the 5 Lakhs in a relatively short time. Pay it. But don't agree to pay right away otherwise the demand will go to 10 lakhs. Hesitate, bargain, etc. but be ready to pay it at some point. Do not tell your advocate that you are willing to pay it all. That would be a mistake.  FINISH IT AND MOVE ON WITH YOUR LIFE ASAP.


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