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Sanjay (Engineer)     17 May 2012

Annulment or divorce?

I was married on 07 June 2011 and within a month i.e. on 08 July 2011, my wife left to her mother's place promising to come back within a month only to find that she was not interested to come back because she saw one of my previous photograph with a girl (she send me an sms to tell me the reason behined this).

Neither did I call her back, nor she called me keeping the matter unending since then.Now that waiting is of no use as she is not interested to come back or has something else in her mind?

As this marriage seems to me as null & void under the prevailing circumstances, shall I apply for annulment as it is easier and speedy rather than wait for one year of marriage to be eligible for filing a divorce case.

Please advise me on the consequences if I make the first move or shall I wait for her to make the first move?



Learning

 7 Replies

Shantanu Wavhal (Worker)     18 May 2012

As this marriage seems to me as null & void under the prevailing circumstances

 

what makes u perceive the marriage to be void ?

this is a very valid marriage, which is open for all legal consequences.

if the wife does not want to return, resolve the issue amicably, go for MCD.

Alok Tholiya (self employed)     18 May 2012

Had u disclosed ur earlier relations? No! So u hv cheated her. And then when u r marrying a other innocent girl then why did u keep past shameful records? If she shows u similar photos with someone else then will u give her same respect and love and trust? 

 

It is time to say sorry, regret, and boost her confidence that nothing will go wrong henceforth ( and stick to committment) and finally make ur marriage successful insytead of wasting same in courts , on advocates, and getting punished under 498A and DV. 

Arpit lalan (Legal Consultancy/Advocate)     18 May 2012

Dear Mr. SAnjay,

                             I sincerely request you to go throught the Hindu MArriage Act in detail. Alternatively the Bare Act would also do. Firstly, it seems you have not understood the concept and meaning, differentiation between Divorce and Annullment. Please look it up. Annulled Marriage is only when it is Void. How in you case is the MArriage Void?!!. Secondly, if your marriage was performed and was as per all the parameters for a valid legal marriage then one has to go for Divorce and not Annullment.

Last, you concealed the fact. the proof is in the Photo. Try not to go to the Court. It is you who could fall into a deeper mess in the Legal System. Kindly note, if she wants there are many sections that she can file against you!

Please try and solve it amicably. You do not have an upper hand here! Talk to her. If that other Girl in the Photo was just a friend then tell her. However, you shouldn't have hidden the Facts.

 

                        

Anjuru Chandra Sekhar (Advocate )     18 May 2012

Sec.12 (1)(c)

that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978], (2 of 1978) the consent of such guardian was obtained by force 1[or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent];

 

-----The fact that the respondent concealed having been in debt of Rs.1.00 lac

-----The fact that the respondent concealed having an affair 5 years before marriage

------The fact that the respondent's grand father had been arrested by police in a corruption case

-----The fact that the respondent's brother is divorced

 

I don't think such facts can be such a serious factors for courts to consider as concealment but anyone of them can be pleaded as fact having the gravity to have caused the hurt to seek divorce.

 

 

K.K.Ganguly (Advocate)     21 May 2012

Be careful. In place of your thinking of calling your marriage as void & planning to remarry, please take guard of  her actions which may come against you.

Vishwa (translator)     22 May 2012

Do not be too selfish, try to see things from your wife's point of view, try to communicate, explain and make amends.

I think your wife is an excellent lady, the fact that she is upset over a pre-marriage liaison by itself is a good sign; would she give a wild hoot if she did not  care for you? Since there was no issue possible, she chose the only way out, return to Maika.

From my past marriages, I have learnt one very strong lesson - women can accept all kinds of hard situations and make compromises if they are loved by their husbands and if there is happy family life with the children

Others here are advising you that you will face court action. Personally, I think you might still avoid this and go back to married life.

Pradeep Kumar (Lawyer)     29 May 2012

Dear Sir,

Desertion is not a ground for annulment of marriage.As no divorce proceedings can be initiated within a year of marriage and since there are no grounds in your story to make the marriage null and void.I would advise you to apply a petition under Section-9 of HMA,1955 and in contravention of the application,you can seek divorce.By the time one year of marriage will be also over.

Adv.Pradeep Kumar

09871765000,Gurgaon.

 


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