Nullity of marriage

1.    Nullity allegations as grounds taken by wife r/w her side will not stand trial for long infact you will get ‘divorce’ on grounds of cruelty r/w desertion as the matter stood trial for now almost 2.5 years is my view.  

2.    Press for more mediation sittings and in mediation dig in your heel for Mutual Consent Divorce as you have friends from both side who are witness to parties cohabitation and conjugality as husband and wife before eyes of society as proof.

3.    You may carry on with career building activities meanwhile by remaining in tel. contact with current advocate giving time to time instructions as such cases linger on for no fault of simpleton party and there is another advice meanwhile you may try for pressing; file a Misl. Application for restraining wife not to get married till finality of her so called nullity petition is decided. Once such misl. Application gets allowed that will give them signal to hurry up as her age will not remain stagnant and they are currently thinking that ‘nullity decree’ gives her re-marriage chances a lift which is not going to be so due to para 1 is my view.   

4.    I donot see belated filing RCR utility for a simple thinking that it is obvious in written statement filed by your side you might have not only denied all her allegations but rebutted them with reasons for such parawise denials and with common prayer to ‘direct her to return back to matrimony so that conjugality of couple is retained or something similar as prayer’ so after a lapse of 2.5 years filing RCR does not make atleast to me no sense in reference to context.

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Dear Arup Chatterji,

          I read your lengthy detailed story. I am a practicing advocate.  Even though I am discussing your issue as a psychologist and finally you decide yourself after going through my counselling.

          You got married her and lead happy conjugal life.  Right. Which means she enjoyed with you as per her wish which did not knew to her parents. Now they entered and trying to wipe the blot which was brought by their daughter for gaining social status in society.  After prolonged insisting of her parents she has decided to leave you. From this we can understand that her mental condition is not stable and she would be changed in future accordingly if more pressure is given by someone else. Such kind of woman would be changed by eternal forces. Such woman is not at all advisable as your wife. Hence decide yourself to leave. Of course you have already decided to leave.  But your question is it must not be null and void marriage must be mutual divorce. Isn’t it?  When once decided why should you worry for “null and void” or “mutual”.  So you are also trying to gain social status that you have not cheated her and married her officially/legally. In this confliction both you and your wife’s family roaming around court and other offices. Hence you leave your thought of  “null and void” or “mutual”.  Leave the issue to them and try to get divorce at the earliest possible and marry another woman and lead a peaceful and happy life.  Remember that every human being needs “peace”.  Try to get peace immediately.  If you are continuing insisting on “null and void” or “mutual” you will lose peace and your time and money will be wasted.  Hence let them do what they can do which will not harm you in any manner. The consequences which you have faced is because of your wife who has no proper stand.

          Hope you understand the situation and act accordingly.  Please remember “ loser is not defeated.  The loser given chance to the other party to win (which is not original win which is (alms) given by you)

          At this juncture I would like to suggest you that this is an open forum.  You must not pass any comments on advocates. Our Indian legal procedure and system is very lengthy and trouble some hence the late caused by the advocates is because of system only but not of lawyers.  Please remember the above is my opinion I did not touch any legal issues. Good luck.  Thank you

B. Srinivasa Rao

Advocate cum psychologist

9948563635

Hi Tajobsindia,

Thank you very much for your valuable answer. Just wanted to inform you that, 1) I have friends from MY side and she has friends from her side who are witness to marriage and marriage party but noone of them is our common friend. And, there is no proof of cohabitation and conjugality as husband and wife before eyes of society. As, we didnt want our parents to know it. Even I never got time to talk to my neighbours though I lived in that quarter for 7 months only. 2) I have denied all those allegations and asked for reestablishment of matrimonial or divorce i.e. I am trying to establish that neither me or my marriage was fraud.   

I also have some questions:  

Can she go for a second marriage if I don't file Misl. Application for retraining her from marriage?   

If it is divorce or Nullity can she demand compensation from me? She is working at a leading IT company now. She is only child of her parents.

How can I speed up the procedure? I go to Kolkata once in every year. Can I request the judge to sit with me privately and show all those photos and videos as the proof of our cohabitation and conjugality?  Will that help me establishing the marriage a valid one?

Hi B. Srinivasa Rao,

Thank you for reading my prolonged message and giving such a analytical comment and suggestion. Yes, you have understood rightly that I dont want myself or my marriage to be proved as fraud. Moreover after all these I wont go back to her also. But these parents should be punished so that other parents reman themselves restrained from this kind of behavior. I also want a quick decree of this suit. I have seen the advocates wasting time. Several times I have seen them to take new dates just after saying something for 5 mins only. Sometimes my advocate requests the advocate of my wife to stop and continue on next day just after 5 minutes. and the opposite too. And they do it openly in front of us. Sometimes, come and submit some documents and thats all. That is the reason for my comment against my advocate not for the whole Lawyer society. There are many good and honest advocates who will take the case seriously and will try to solve it as early as possible.

I have some questions to you too:  

1) Can she go for a second marriage if I don't file Misl. Application for retraining her from marriage?   

2) If it is divorce or Nullity can she demand compensation from me? She is working at a leading IT company now. She is only child of her parents.

3) How can I speed up the procedure? I go to Kolkata once in every year. Can I request the judge to sit with me privately and show all those photos and videos as the proof of our cohabitation and conjugality?  Will that help me establishing the marriage a valid one?

Divorce by nullity and divorce on general grounds, there is difference..

Firstly if the divorce has happend, you can get marry another person by saying that, you are fresh / un  married,there is an advantage in this type.

secondly if you get divorce on general grounds, then you get martry another person as a divorcee.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Dear Arup chattarji, 

Happy to understand the situation.  Your good and happy days are ahead. 

Now our discussion “Can she go for a second marriage if I don't file Misl. Application for retraining her from marriage?” this question is not at all relevant to you and  you need not think of it.

2) If it is divorce or Nullity can she demand compensation from me?  

When it is declared null and void you need not pay single paise to her as they themselves dug their well ( whatever their thinking) you will become a free bird.

She is working at a leading IT company now. She is only child of her parents.

When wife is working (if considered) no need to pay any compensation according to law.

3) How can I speed up the procedure? I go to Kolkata once in every year.

When you kept silent (exparte) the judge will pronounce the marriage as Null and void. For this you have to do is “ Don’t attend to the court and don’t contest the matter. Automatically  the judgement will come in your favour.

Can I request the judge to sit with me privately and show all those photos and videos as the proof of our cohabitation and conjugality?  Will that help me establishing the marriage a valid one?

When you are trying to establish that the marriage is happened you have to pay heavy compensation (as a husband)  according to their demands

When you are trying to teach a lesson to her parents you have to face problems as along as bond with your wife (may or may not)

For every action there is a reaction. Hence don’t think of taking revenge on them.  Again give them alms (by  excusing them)

For any further queries you may contact me directly. Don’t hesitate.

b. srinivasa rao

Practicing advocate and psychologist

9948563635 

dear chattarji

when the marriage is declared null and void you will be treated as "not her husband" when you are not her husband the question "paying compensation to her" does not arise at all. Add this to your above question

thanking you goodluck

b. srinivasa rao

advocate and psychologist

9948563635

I differ to opinion of @ B. Srinivasa Rao due to two binding Laws of Hon'ble Apex Court;

Ref.: Chand Dhawan vs. Jawaharlal Dhawan [1993 (3) SCC 406] and second one is Rameshchandra Rampratapji Daga Vs. Rameshwari Rameshchandra Daga [AIR 2005 SC 422]

I suggest @ B. Srinivasa Rao to first flush down Chand Dhawan (Supra) for its golden interpretation of S. 25 HMA and in interpreting the provision of S. 25 HMA in the case of Chand Dhawan (supra) the Hon'ble Supreme Court categorically held that the expression 'at the passing of passing any decree,' as has been used in S. 25 HMA, includes a decree of nullity of marriage and then I request @ B. Srinivasa Rao to view the next Judgment of Rameshchandra Rampratapji Daga (Supra) where again Hon’ble Apex Court categorically affirms maintenance to wife in a null and void marriage, here inspite of nullity decree in her marriage HC as well as Hon'ble Apex Court allowed maintenance to wife in a null and void marriage.

S. 25 HMA is an enabling provision. It empowers the Court in a matrimonial case to consider facts and circumstances of the spouse applying and decide whether or not to grant permanent alimony or maintenance.

Hence your opinion that in a null and void marriage wife will not get maintenance is not right for the purpose of this post at all in reference to nullity and hence I differ to your opinion.