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premkumarnallari (technical officer)     11 September 2009

annulment of marriage

Sir,

My daughter married a person working in US.The marriage was performed according to hindu rites and was later registered in O/o Registrar,at Hyderabad.He left for US promising to send the particulars so that my daughter can join him.But so far he has not turned up.Through his brother(GPA holder of my son-in-law) he has filed a petition for annulment of marriage.The court has been asking and informing the GPA to be present himself.The actual petitioner is attending the Hon'ble court.In the mean time they have filed a petition for video conference.But this has been dismissed by the Hon'ble court and gave one month's time to the petitioner to attend the court on 16 Sep '09.I feel he will not attend.What will be the Hon'ble court's decision in this regard.

I have not filed any case against him or his family.

Kindly advise what measures have I to take,once the petition is dismissed?

With warm regards,

premkumar

 

 



Learning

 9 Replies

Adv. Deepak (Advocate)     12 September 2009

Was marriage consummated?  Does your daughter wish to restore the relations at this time point if it is possible?  Even if the petition is dismissed, the marital relationship still exists.  It is very important to know what your daughter wishes to do.  If she wants to bring the relationship to an end, she will have to file petition claiming divorce.  Else she can claim compensation for filing false cases against her.  ddkharpudikar@indiatimes.com  +919850390145

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     12 September 2009

MR.Deepak is right, first consider the views of your daughter else file the case under DVA for residence with husband or under section 9 of HMA.

adv.kamal.grover@gmail.com

premkumarnallari (technical officer)     19 September 2009

I thank Mr.Deepak and Mr.Kamal for their reply regarding my daughter's problem.I have come to know that the petitioner has moved the Hon'ble High Court under CRP as per article 227.At the admission level it has been dimissed.The judgement copy has not been received by the petitioner.Now at this level what cases can I file against the petitioner.I would appreciate if you could explain in detail.

Thank you once again,

premkumar


(Guest)

1.  A case under Section 125 of Cr.P.C. for maintenance.

2. A case for shared house hold under "Protection of women from domestic violence Act".

3. A case for restoration of conjugal rights, (it is a double edged weapon).   Even thou you succeed, if the decree is not executed (it is difficult to execute this decree), he can apply for divorce after one year, on the ground that this decree is not executed.

2 Like

premkumarnallari (technical officer)     21 September 2009

Thank you Prabhakar Ji, the petitioner is abroad and is being represented by his GPA.Can GPA attend the recociliation on behalf of his principal in this matter.If not so,can take any action against the GPA.please clarify.How does the GPA come into the picture at all?


(Guest)

GPA cannot attend the conciliation proceedings.  Because, the conciliation proceedings in matrimonial matters are quite different to conciliation proceedings in civil and commercial matters.  If the petitioner, as directed by the court, does not appear, the case will be dismissed.  You cannot file any case against the GPA holder.  But if you clearly spell out what your daughter wants at this point of time, a proper case in that direction can be suggested.  In the mean-time, kindly see the web-site of "National commission for women", where they have sent certain recommendations to the GOI to ameliorate the miseries of the wives who have NRI husbands and treated harshly.

2 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 September 2009

Mr.Prabhakar is right,

The husaband side might have file the case in high court for video conferencing and it has been dismissed so husband of your daughter has to appear before court else it will be dismissed.

What happen on 16 nov. before the lower court where it was ordered to be appeared. Findout and then let us know the status to proceed further.

adv.kamal.grover@gmail.com

1 Like

premkumarnallari (technical officer)     22 September 2009

Dear Kamal Ji,

As asked by you,on 16 sep.2009 the petitioner's advocate gave a memo to the Hon'ble Family Court stating that he had filed as per article 227 of the Constitution of India in Hon'le High court but has been dismissed with some observations on 11 Sep.2009.Waiting for the judgement copy. So the Hon'ble Family court has given 5 Sep for final decision.

As he is abroad, he says he has no interest to come to India. My daughter is also not interested in continuing with him.What compensations can be claimed and cases be filed against him?

I would appreciate if you could enlighten me.

Thank you very much,

Premkumar

Sarvesh Kumar Sharma Advocate (Advocacy)     25 September 2009

yes,

mr. prabhakar is right.

2 Like

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