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Can a marriage be nullified on grounds of mental harassment

Page no : 4

rhea   31 August 2017

Hi...Can anyone please suggest

sai narayana   31 August 2017

Originally posted by : rhea
Hi,

As per the advises received on this forum and mediation from family we went ahead with MCD. They agreed to give the money left after calculating all the expenses of marriage. Petition was filed on 13th Jan 2017 in the court in my hometown. I went there attended all the proceedings...mediation. i had to go to my hometowm by taking leave in the month of july post 6 months cooling off period. Then i went again to attend all the 3 mediation hearings in august and now on the day of final hearing magistrate cancelled the petition saying the case have been filed too early as the date of separation was mentioned as 15th May 2016 so 1 year was not completed. We married 22nd apr 2015. I tool leave for 15 days in 2 months attended 5 hearings and now m back to 0 as the magistrate denied the petition.
I am mentally, physically tired.. time and money wasted. Now the lawyer suggests to file a fresh petition.

https://indiankanoon.org/doc/439618/

Go through the above link and the point 2.(ii) may be useful for you if you file appeal in high court. (or) better do what your lawyer said by filing a petition once again in same court. 

Samir N (General Queries) (Business)     01 September 2017

The Magistrate's ruling is correct. There is no point in appealing it. It will only exhaust you more.  In general, a woman is given priority over men in choosing the venue of matrimonial disputes so I see no reason why you cannot file whatever petition or application you want to file in the Family Court in Mumbai. However, at the time of filing, in your petition, explain in detail why you have chosen Mumbai as the venue. You must provide sufficient justification. Otherwise, the registrar himself/herself may reject the petition.  Draft your petition carefully. Have two lawyers review it. Content of initial submission is critical. 

rhea   02 September 2017

Now I am tired and mentally harassed. They pressurised me n my family to file the petition in hometown so that it wid b convenient for them and marriage took place there. They used bad words..Spread false things any me to socially oblige us. To save myself and family from further trauma I agreed on all the criteria. I am done now. I don't understand if the petition was not correct then y it did not get rejected in first place. After all the proceedings were complete and mediation done then in final hearing it was rejected. Such a harassment for our lack of legal knowledge. Now I am thinking to take help of mahila aayog and file a harassment case on the guys family. I don't think justice is done. Who is liable for the procedural error.

Samir N (General Queries) (Business)     02 September 2017

It was your lawyer's mistake and in India malpractice suits against advocates does not fetch much. Complaints in Bar Council are also a waste of time. Approaching Mahila ayog and all that goes with it will frustrate you even more. Forget the past mistakes and move on. Decide what you want out of the litigation, file a petition with help from a good advocate in the proper court which has jurisdiction and pursue it with total focus on your end-goals. Everything else is a waste of time, money and energy and only helps lawyers. Keep litigation simple - in one court and all demands in one petition.

rhea   02 September 2017

My lawyer suggested me to file a domestic violence case. If I take help from mahila aayog then he wid b obliged to resolve the matter and won't pressurise us by saying false things and using my relatives to pressure me. All the things aare still at his place...Like my clothes.. furniture other gifts. We lost peace...Time n money in past 2.5 yrs. He is just playing blame games and making us serve him. He has taken money from us. He has found a girl so wants to get rid of me without losing a penny. He has no regrets for this broken marriage

Samir N (General Queries) (Business)     02 September 2017

DO NOT FILE DOMESTIC VIOLENCE CASE. 90% of the cases result in no relief been granted to the wife. It is a good Act in theory and on paper. Takes years to litigate.

You should focus instead on filing ONE petition in the Family Court in which your prayers include different paragraphs for everything you wish to get out of the litigation. Multiplicity of proceedings help advocates and nobody else.  Besides, DV Act has limited jurisdiction because it is not a 100% civil act. Magistrate's have very limited jurisdiction. You can get everything you can get under DV Act, in the Family Court under the appropriate marriage acts or Family Court Act and a lot more. If you lose, you file one appeal which is easy to fight. There are many other advantages of one fight in one court under one petition.

rhea   02 September 2017

What do u suggest...Which petition shud I file.. I want him to come in mumbai now...I already have been in delhi and might hamper my career. I want him to learn and apologise. Can I file a mental harassment case.. I know if I talk it out to file a MCD in mumbai court. He will not agree and start playing games again. I want to come out of this mental torture. Don't I have any right to get justice and not suffer for this no mistake of mine.

rhea   02 September 2017

I doubt of foul play. Things were normal till the last hearing. That guy submitted the DD created on my name in the court and I. Not sure that this was mentioned in the statement recorded later . Is this possible that the lawyer and guy has fooled us and they betrayed us. DD must have been returned. We still don't have the final copy of judgement. What if he influenced the lawyer and they fooled us saying the case iss dismissed and it is not actually dismissed. I have not heard anything since the judgement .

rhea   11 January 2018

Reply please

rhea   04 January 2020

HI,

Need advice as it has been more then 4 years I am just visiting court like a criminal and there is no resolution yet.

Filed a complaint in mahila aayog, they call him up and he denied saying its a wrong number though on true caller his name is there. Mahila aayog moved the complain to women cell of police but they did not file FIR as they think it is an interstate matter and should be filed where the boy stays. No one knows where the boy is. I know where his family stays but not where he stays or works.

I have filed a Divorce petition 13A of hindu marriage act in civil court on 25th Jan,2018. He did not respond to any of the notices, paper publications or phone calls. I am just suffering for no fault of mine. it seems like no one is supporitng. I am visiting court every month n now every 15 days. Judge gets transferred and the next judge then keeps the case on hold citing number of pending cases.

Please suggest.

 

 

 

Zeta Teresa Pereira   14 January 2020

Dear Ma'am,

In order to get a divorce, you need to complete one year of marriage.

Under Section 13 (1) (a) of the Hindu Marriage Act, cruelty is a ground for divorce. Cruelty includes two types- Physical and mental cruelty. You can divorce your husband for mental cruelty under this section. 

Hope this clears your doubt.

Regards,

Zeta 


(Guest)
can i challenge 498 judhement aftr approx 2 years

(Guest)
can i challenge 498 judhement aftr approx 2 years

NIRMALA DEVI.C (Advocate)     05 February 2020

For nullity of marriage on mental harassment, you have to prove it in the Hon'ble Court of law. It is not easy. So wait for some time, As you are independent  and earning member, you need not worry. If you are interested to join him and lead family life, you can join your husband. . If you feel uneasy and can't bear your husband, you live with your parents. It is very difficult to prove sadism and mental cruelty.  So don't take hasty decisions. Pl wait for some time more. Time will solve your problems. Be confident on yourself.


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