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Subha Datta (STudent)     22 November 2014

Can i deny defending myself?

I am defending myself against a false case filed by my wife for last 4 years. The case is for Nullity of marriage. I wanted to establish the truth by establishing the marriage. Though people generally will avoid doing so, to avoid being divorcee, I defended the case for the truth.

Now, it seems that the judge is quite convinced that the case is a false one and the establishment of marriage is a matter of next 2/3 dates. The hearing of the applicant wife is over, I attended for one day. But then I thought, if I win the case, my status will become married and then my wife will file a divorce case against me and demand a huge amount of alimony. On the other side, I will not get any compensation for the financial and mental harassment I am suffering from last 4 years. And my wife who filed the FALSE case will not be punished for harassing me or for wasting time of the court. So, why should I WIN the case? So, I stopped attending the court as now I want to loose the case. 

My question is now:  1) Can I write to the court saying the same as written above, that I am not going to defend the case for this reason. 2) Can I ask the court that if I establish myself, will the court take care of the compensation for my harassment I suffered for last 4 years by my wife and the law process in the court?  3) Can I say that, establishing myself true, if any "compensation for me " or any "punishment of my wife" is assured --then only I am going to defend myself otherwise I am not going to waste my money and time attending the court?



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 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 November 2014

Dear, Don't write to the court, let her take an exparte decree, yes if you win the case you can seek cost as well as compensation .... Kapil chandna adv, 9899011450

Sudhir Kumar, Advocate (Advocate)     30 November 2014

why your wife feels the case is null and void.

Subha Datta (STudent)     09 December 2014

Its because of her parents. Her parents didn't like me as my parent was a Govt Clerk and at that time time I had no good job. My wife fought against her parents for 3 months but finally surrendered to her parents torture and emotional blackmail on her. 


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