rcr can be converted into null & void marriage

designer

GOT MARRIED ON MAY - 2010. ACCORDING MUSLIM TRADITIONS.

AFTER MARRIAGE WE FOUND OUT GIRL IS HAVING VERY LOW EYESIGHT. AND WE HAVE BEENN CHEATED. MARRIAGE LASTED ONLY 40 DAYS.

HER FATHER TOOK HER AWAY FOR MEDICAL TREATMENT. IN BETWEEN LOTS OF ROUNDS OF TALKS GONE. BUT THEY ARE NOT ACCEPTING THEIR MISTAKE.

THEY STARTED THREATNING OF 498-A.

MY LAWYER SUGGESTED ME TO FILE RCR TO SAVE FROM 498-A.

SO IN FEB - 2010 I FILED RCR.

BUT AFTER FILING RCR, SHE FILED DOMESTIV VIOLENSE CASE IN APRIL - 2011 &

498-A - JUNE - 2011.

BOTH CASE ARE GOING ON. IN DOMESTIC VIOLENSE CASE WE HAVE SUBMITTED ALLMEDICAL DETAILS, PICS, IN OUR SAY AND ASKED FOR VOID MARRIAGE.

NOW ONE SENIOR LAWYER SAYING HAT WE SHOULD FILE ANOTHER ONE CASE IN CIVIL COURT FOR VOID MARRIAGE AND ASK STAY ALL PROCEEDINGS. AS PER MOHAMEDDAN LAW. BCOZ IN DV CASE CRIMINAL LAWYER DONT HAVE RIGHT OF DECLARING VOID MARRIAGE.

BUT I JUST WANT TO KNOW AFTER THIS LONG TIME. COURT WILL ENTERTAIN OUR PLEA.

CAN CIVIL COURT WILL ISSUE STAY IN ALL PROCEDDINGS.

I MOVED TO CIVIL COURT FIRST IN FEB-2011. SO CAN I ASK COURT  RCR CASE TO BE TRANSFERED IN VOID MARRIAGE CASE. AS WE HAVE STATED IN RCR CASE THEY HAVE CHEATED TO US.

WHAT WILL BE BEST WAY .....

PLZ. SUGGEST................

 
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Advocate/Lawyer

I simply don't understand ur case ..... why RCR petition was filed when U did not want to co-habit with ur wife ?

RCR means Restitution of Conjugal Rights which is filed only when one wants the other spouse to co-habit with him/her ....

U will have to file fresh petition seeking declaration of marriage being null & void on the grounds U have mentioned ..


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designer

MY LAWYER SUGGESTED THAT WE SHOULD FILE RCR. IT WILL PROTECT ME FROM 498-A & DOMESTIC VIOLENCE CASE. ASLO  MY WIFE STARTED THREATNING ME OF 498-A. SO AT FIRST WE HAVE TAKEN THAT STEP.  THEN ONE SENIOR LAWYER IS SAYING WE SHOULD FILE CASE FOR NULL & VOID MARRIAGE. AND ASK FOR STAY...  BUT NOW 1 AND HALF YEAR IS GONE ... STILL WE HAVE ANY CHANCE OF MOVNG TO COURT.

 
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lawyer

i am giving you some frank unsolicted advice .

 

1) you have stated that your wife has weak eyesight and fact was surpressed from you . it does not amount to cheating . she can wear sepctacles or contact lenses . further nowdays simple operation cna be done wherein she gets a perfect eyesight

2) you r marraige is not void . you ahve lived together as husband and wife for 40 days . in DV case marraige cannot be declared void .in addition more than a year has passed since you were married

 

3) you have filed case for restiution of conjugal rights . contact her and arrive at settlement withdraw all cases . after settlement arrived at move high court for quashing FIR under 498 A

4)i presume you both are muslims . under muslim law A void marriage is one which is unlawful in itself, the prohibition against the marriage being perpetual and absolute. Thus a marriage with a woman prohibited by reason of consanguinity (s.260), or affinity (s.261), of fosterage (s.262), is void, the prohibition against marriage with such a woman being perpetual and absolute


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Legal Evangelist - TRIPAKSHA

You are running from case to case. Lawyer is taking you for a ride.

 

Ajay Sethi has given very logical reply to your queries.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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designer

her eyesight is very low that is +6.0 for both the eyes. Ur right she can see using opticals. I tried for lasik & etc operations for her eyes after marriage but doctors opinioin operation was not possible on her eyes,

But the fact is that i am well settled engineer. They have purposely  hide this fact from me before marriage and after marriage also. When we enquired about her past we come to know her history. Now they are asking huge amount like 10 lacs for settlemnet. And filed 498-a & DV case against me & my family.

As muslim law marriage should be done by mutual consent. No Fraud should be taken place. using this stand i am planning to file void marriage case. And ask for stay for other cases. As ciivil court is over criminal court etc. facts i dont know details.

Also I have all the proofs medical certificates, bills, photos, marriage cd with me.  And the mediator also ready to give her statement from my side.

 

 
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Advocate

Sir,

Your Marriage has been conducted according to the Mohammedan Law, so the court does not have the jurisdiction to entertain the case.

Mohammedan marriage is governed on by the Mohammedan association, and as per the customs followed by the religion. 


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Worker

rightly advised by above experts. i agree.

 
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I got registry marriage on 20/05/2011 under Special Marriage Act and on 20/06/2012 the date of social marriage took place. On 21/06/2012 morning my FIL filed one FIR in khagrapur Local Police Station and on the basis of that FIR police filed a charge against me, my father and my brother in law regarding section 498A/506/34 & ¾ Dowry Prohibition Act. My wife has an affair with someone else regarding this issue some confrontation took place between two parties in the place of social marriage. Police arrested us from the house of my FIL i.e. on 21/06/2012 at 10.30 am. On 21/06/2012, at 2.30 pm. police produced us in court. CJM cancelled my bail request by saying that -A negative signal will go to the society if I release the bridegroom in bail. So I was in jail custody for 14 days. My brother in law and father was released on bail on that day.

In FIR my FIL wrote that I and my family member demanded a four wheeler after the completion of social marriage, but my FIL was incapable to provide the same so we leave the newly married bride in her father house and went away. But the true fact is that police arrested us from the house of my FIL. Between our registry marriage and social marriage i.e. one month I and my wife resided in their own house, means my wife never came to his matrimonial home.

After that several cases was file by my learned wife, regarding bail cancellation, suspension from service, petition for alumni etc. a cr case was also filed by her regarding sec 406/506 on December 2011. And at last on the month of January 2012 she filed a petition u/s 25( Voidable Marriage) in special marriage act. In that petition she asked to cancelled the registration certificate and also to get some monetary relief in respect of two grounds….1) Willful refusal of the respondent. II) …the marriage was obtained by coercion or fraud, …

My question is I never willfully refused her and the marriage was not obtained by coercion or fraud, so will I have to pay her monetary relief if the decree of nullity is passed??

I am not willing to pay her a single penny. So in the matrimonial what will be my next step??

 
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GOD!!! U think they cheated just because of her poor eyesight!!!! 

Man! quite an example of Patriarchy !!!!!

 

 
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