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sujit kapoor (Asst. manager)     18 September 2013

False allegation of fraud marriage done(null & void marriage

Dear sir/mam

I have married a girl on 3rd june 2013 under special marriage act and sent her back to her father,s hose as per the choice of my wife as she wanted to come to my home after her brother,s marriage. But recently their parents knew about our marriage and the are not at all ready to give their daughter to me.

Earlier the girl was favouring me but on 4th sept i had a telephonic conversation with her in front of her father and she refused to come with me. her parents filled a pettition against me that I have forged all the documents of the girl and intoxicated her on the day of marriage. Thay's why girl was not concious and she signed unknowingly everywhere. but all the documents which i have submitted were not forged and I can prove this nor i have intoxicated her. She willingly married me. on this basis their case has been admitted in the family court. they got next date of 26 sept 2013.

I have also filled section 9 for bringing my wife back. I got next date of 23 november 2013.

My in laws want to settel the matter outside the court. As per them we should not go to the court for divorce. they are saying that they will get their daughter married in the village very soon and asking me also to get married to some other girl. They are saying that they will not interfare in my life in the future nor I should interfare in their life. But everything will be verbally.

I want to know that

1) Will I be penalized if marriage will be proved null and void.

2) Should I settele the matter outside the court and agree to my in laws or should I give divorce under sec 13b.

3) If they are not able to prove the marriage null and void then what will happen?

4) I have not kept the girl along with me for a single day. We dont have any physical relations also.  Can this be the point for the marriage to be null & void?

5) Is it possible to bring my wife back as I have filled sec 9. Or will this sec 9 filled by me will hlp me in anyway in this case.

Thanks in advance. Waiting for your revert eagerly. Kindly revert soon.



Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

Mr. Kapoor,

Firstly the petition for null and void of marriage requires to be proved with substantial evidence and if the grounds stated by you is to be taken as true, your f-in-law stands to lose his case;  your petition for restitution of conjugal rights will provide you a shield for the future too in case your wife side people try to fix you up in a dowry or dv case, hence do not withdraw it;  As far as divorce, it should be only through a court of law and not other wise, so the out of court settlement and divorce thereon will not be sustainable  in law and if you happen to marry second time without a proper divorce  of first marriage through a court of law you can be booked for an offence for committing bigamy which if proved may put you behind bars for seven years, hence be careful about that; instead go for a divorce on mutual consent - Advocate Kalaiselvan, Vellore; Ph: +919443441062

sujit kapoor (Asst. manager)     18 September 2013

Thanks for your quick response sir. Sir, if i have the photograps of the marriage day and call recordings of my wife which very clearly indicates that she married to me with her choice and consent then will it help me. Sir if i am not ale to prove me right then will my wife will be told to prove her all allegations as right. And will me and my wife will be given counselling???

sujit kapoor (Asst. manager)     19 September 2013

Dear sir

 

The marriage was registered marriage under special marriage act. I want to know that will my wife and I will get the counselling? if my wife dosen't wants to be counselled then what will happen?

sujit kapoor (Asst. manager)     19 September 2013

Sir

She is not doing this on her own wish. But this done by my in laws in her name. She is getting extreme pressure from your family members. She will never blame me for rape. and this is sure. Her brain wash has been done by her family members that's why I need counselling.

sujit kapoor (Asst. manager)     19 September 2013

Sir can u explain what is non consummation of marrriage.

sujit kapoor (Asst. manager)     19 September 2013

Thanks a lot sir for your response.

sujit kapoor (Asst. manager)     19 September 2013

Dear raj  sir

As i have written earlier that I got married on 3rd june 2013. Plz confirm whether the non consummation of marrriage is valid when only 4 months passed to our marriage?
 

Adv k . mahesh (advocate)     19 September 2013

1. first you decide what you want out of this marriage

2. settlement out of the court or you want to fight for your wife

3. because in your query you are more worried to settle the matter and not to stay and fight for your wife

4. if you want to fight for your wife then meet a lawyer and discuss whole situation with him and he will tell you after seeing all the documents wheater it is forged or not and he will explain how to fight the case 

5. about null and void of the marriage means cancellation of your marriage with your wife which does not require any divorce and if you agree for the same then the court will out right give order of cancellation of marriage and both can marry again 

gd dy (gd dy)     19 September 2013

her parents filled a pettition against me that I have forged all the documents of the girl and intoxicated her on the day of marriage.



in court 2 witness frm each side shld b there. who was frm her side ? ur frnd ?
court hv a copy of the documents they gave u.so her parents allege u of hving forged. which document other thn court ?


(Guest)

Do not accept out of court settlement if you still love her. Fight for your respect. She can not play with your life.

Jo dar gaya samjo vo mar gaya!!!


In the name of threatening you, they(your wife and her family) will make many more mistakes. They can not come out in public and fight you. They will go thru the mental harassment by the natural justice. So don't worry. Stick to your stand and hold on!!!

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