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Can a marriage be nullified on grounds of mental harassment

Page no : 2

b.goheel   09 December 2015

according to prevail general tendecy or say mentality tht leaving own spouse everyone is gud and speak truth and only truth,
evn victim of 498-a does not learn any lesson frm own experience and believe on story of others tht other male spices r cruel and abt ownself, they r trapped  in a false/fabricated cases inspite of presence solid evidences of crime/cruelty  .

SuperHero (Manager)     10 December 2015

Originally posted by : rhea
How can anyone prove mental harassment ? There are no bruises or calls that have been recorded.

All I understand is there are issues which cannot b resolved now and neither of us can b happy together. Is this not a ground for separation. I agreed for counselling but he dint.I cannot force anyone into anything. 

@Rhea - Based on your Posts...You had requested to cancel the Marriage and you have lot maturity or clarity of thought.

It takes 2 to make a Tango. Love, Trust and Respect is needed. At times there will be arguments, misunderstandings and fights..But the first 2 are very important. The People who are together sail through this period and during tough times will be happier in a longer run.

So even for Divorce the best is MCD. Both agree mutually.

I would rather suggest Annulment as the Marriage didn't consume.

If you are willing to stay single all your Life. Then you can ignore there calls or complaints.

Because roaming around courts is a big task and proving all the others is again a Bahubali task.

You need evidences, Cross examination, Time Spent roaming around courts, Money Spent and Energy Spent....

If they agree well and good, both parties agree for Annulment and get it easily done.

But make sure you contact a Lawyer in your Local area and keep it handy. In case of urgency he can be called.

But I would suggest get married again. Having a Family Life is important and Kids playing around will all change your Life, else Life will be montonous.

Pray to God with Love and Devotion. May he show you the right path. Wish You Good Luck.

b.goheel   10 December 2015

Before marriage only my husband had said that he wont b able to bear my expenses
&
I earn more than him so he cited ego problems though I never mentioned this to him.

I stayed at my in-laws home for 4 days for all the functions and ceremonies. Since 28 April, I am staying with my parents in Mumbai.

u urself accept the large gap between income of both.hope u r aware of it. usually it is seen tht spouse prefer other spouse who is financially better off thn ownself. ofcourse exception proves the law.

rhea   10 December 2015

After recurring baseless discussions and arguments and as communication gap was widening. I myself asked him for MCD but he said he cant agree. He too is under family pressure. Family feels if we saty together things will become better but they go in the loop again. They want me to keep working and visit their home occassionally and the guy is not willing to take responsibility. If I leave my job and go stay there then also I wont be happy and situation will worsen.His family is making him feel low and as I am at the upper hand they make him to behave in an egoistic manner. whenver I asked him his choice he bluntly says do wat u want. how can I rely on him.I am ready to let him free andd live his life happily but he want me to keep in his life for namesake and his family wishes. Even before marriage he had stopped talking to me as his family suggested to not discuss things before marriage. Now also he is behaving that way. he is not going to change and its difficult for me to accept his ways. Mr. Goheel I am not able to understand ur views.

Anil Upadhyay (Lawyer)     10 December 2015

In my view you should try to save your marriage taking it as last effort, for it you should took leave from job and live with him for 15-20 days. See if it works or not, thereafter you should proceed further and took decision, but remember while doing this you should have to study his behaviour and even you have to left your ego behind.

Otherwise, legal options are always open and you can file cases, but remember years will pass and allegation will be put by both of you on each other.Like you he is also free to file cases and put allegations on you, this will be wastage of time and money.

 

 

rhea   10 December 2015

Yes, Even I dont want my family and his family suffer due to legal cases and allegations. All I want is mental peace in my life. I dnt force any decision on him or his family. I have studied his behaviour and thinking in past months, I dnt think things gonna work out. I fee unsafe to stay with him as his ego might b deeply hurt as his family makes him feel small and he also feels the same. he might do something bad to me and then leave me. As I dnt feel any regrets or apologies from his end to be true. He dint talk to me wen i was at their home. His younger brother who is 2 years younger to him shared his stories about his girlfriends and red light area, prostitues. The kind of remarks his family made  I dont think they are respectable towards any girl.

I just wanna stay independent. Even my family is pressurising me to leave job and stay with him.They know I am not used to stay alone and take a big fight. My father hit me when i said I am not getting leaves and asked me to leave the home. They wont listen to me. They want the society to be happy and till the time one is not assaulted physically and get bruises they think nothing is bad. Emotional and mental satisfaction is not counted. They say we have made a mistake by marrying you but now u have to manage. 

This marriage involved huge amount of dowry which I dint want but they gave for the name of society and now they pressurise me thinking dowry money will b a wasted if I try to get out of this namesake marriage.

 

Is there any women welfare organisation I can reach out to. I dnt feel safe staying alone or my own. I want family support.

b.goheel   10 December 2015

nice story.

in real, evn confirmed person hesitate to take first initiative of such type of tals with lady of distant relative though she is aware of his activities.

hard to digest your facts of leaving all the material @ ur matrimonial home considering the present scenario where girl and her fmly demand the material which they do not give.

rhea   10 December 2015

Mr B.Goheel,

Sorry, I dont understand your language and so I dont get wat u wanna say. Kindly ignore if you cannot give any proper inputs. I dont think you are a lawyer or associated with any NGO or related to such matters in any possile way.

Adv. Yogen Kakade (+ 91 9225510883)     10 December 2015

Disappointing posts....

I think this is a lawyers forum and not philosophy class.. People visit this forum to take legal advice from Lawyers.. As being professional lawyer we don't have any right to decide who is right and who is wrong... Our professional duty is to suggest the best possible legal solutions for them. 

b.goheel   10 December 2015

@ jurycom incorporation
totally agree. bt Any person be a lawyer or hon'ble judge may hv second thought why she leave all her belongings ?

Vicky (Engg)     11 December 2015

hi rhea,

 

after going through your case you have said in one of your post - "they are not willing to let me resign and find job and delhi and stay with the guy ." interesting point here is groom family nor groom interested in you.

 

another point - "They want me to keep working and visit their home occassionally and the guy is not willing to take responsibility." here your husband & there family want to continue your work at your home town.

 

next point - "This marriage involved huge amount of dowry which I dint want but they gave for the name of society" your family already given huge amount of money and other belongings to groom family.

 

last point - "Before marriage only I had told him everthing about myself. I never has any relation still he doubts me, he himself had girlfriend to whom his parents dint approve of." here your husband have girlfriend and make sure whether you have got any similar kind of relationships are not.

 

from going through with your complete posts, your husband family got huge amount and they want you to be money making machine, where as they want his son to continue his relationship with his girlfriend. please take "Anil Upadhyay" advise to make sure you have made last attempt to save this marriage, if you can't or if it unsuccessful then please continue your life with your parents. Even if they are bothering you then start independent life by filing MCD, God Bless You!

 

rhea   11 December 2015

@Jurycon, I totally understand this is a legal forum and that’s the reason I am here to seek legal advice. Previously, I just gave the outline of the situation and later shared more details to make the situation more clear from all perspectives which included my family, groom and groom’s family. Thanks For your guidance. I agree with MCD, but the guy is not ready and as both the families are not supportive I feel like staying independent but I fear that as I have never stayed alone and so I asked about any reference for women welfare institutions. Thanks for the detailed analysis Mr Anil Upadhyay. I will surely try to implement your suggestion. Thanks whole legal team for the kind assistance.

Samir N (General Queries) (Business)     11 December 2015

I am amazed at the volume of discussion on this query.  Here is my two cents advice:


Facts: The marriage has not been consummated in a year. The lady does not want to continue the relationship. The wife earns more than the husband. The wife does not want any maintenance, etc. There is no evidence of mental or physical cruelty that will be acceptable to the Court for seeking divorce. There is no evidence of wilful desertion by any party. The wife is in no hurry for remarriage.


Legal Conclusion: Divorce is not possible (cruelty and desertion are out of question). No legal basis to void the marriage. Mutual consent is the only option.


Advice: THE BEST ACTION TO BE TAKEN HERE IS INACTION - TAKE NO ACTION.  Let legal action be taken from the husband's side. Do not make false allegations against the husband just to get a divorce because that will backfire. Advocates will encourage you to file court cases. Don't commit that mistake.  Just stay with your family, work and enjoy life! If your husband asks you to come and stay with you, if you change your mind later, go to him. If not, just tell him that you have no intention to return. Downside: He may seek divorce on grounds of desertion by you. If he does, that will be a blessing in disguide. Admit to it and be done with the marriage. Advocates will ask you to fight out even his divorce petition. Don't. Sometimes admitting allegations work in your favor. This will be that case... 

So, for now, relax and enjoy life! 


(Guest)

Go for divorce after cooling your heels for 1 year. Manwhile you can file for judicial separation as you are being asked to not pursue your career and you are being insulted. Husband has responsibility to look after wife. He cant ignore or deny this. Even if you dont stay with him for 1 day  then also you areentitled for right of residencein your matrimonila /shared  home under Domestic Violence Act 2005.

But we advsie not to rush things and work out issues with your husband levaing aside his family members. You teo have live your life and let others not spoil it. Ask some elderly person to intervene.

If you are finally convocned that you have to live in delhi and also have to do a job as pre condtion of marriage and if your husband earns enough to look afterboth of you, go ahead for divorce.

But if husband is not earning enough and you love him and you both want to live in delhi, then no harm your finding a job and sharefamily expenses.

Choice is yours. How you guys think about whole issue.

 

 

rhea   11 December 2015

Thanks for your valuable guidance 


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