Anita (semicon) 26 April 2008

Annulment

Hello,

I got married on Jan 2nd and lived with my husband for a week. He has refused to be intimate or loving from day 1 by picking up arguments and fights. After a week, he left to UK, and promised to start our life fresh once we are together.

I reached UK after a month, and even there from day 1, he has been picking issues and refusing to be loving or initmate. His accusations against me are that I am always cribbing and until I change myself, I shouldnt expect his love. I usually keep asking him, why he is not feeling loved. Things were fine, until he stated physically abusing me. I tolerated it for some 5-6 times and didnt tell my parents or his, bcos I wanted us to start life afresh.

Every time he wounds me, he would be sober for a week, and act as if I was the cause for his violent behavior. Later we even went for a trip wit friends and there also he hit me and seeing marks on my face, his friends might have had assumptions. Fearing this, he started a new drama with his friends that I trouble and mentally harass him. When I came to know about it and asked him front of his friends, he resorted to more lies that I hit and throw things at him.

Once when he stuffed me with the quilt, I had told him that i will call up the cops, he then hit himself with the heater telling me that he would tell the cops that I hit him, and till now he maintains that I hit him. He has been telling the same to everyone.

I suggested that we go for counselling, but he says I should see a doc for myself. Now I am back in India and told him that only if he rectifies the lies to his family and friends, I would get back to him. He has been silent after this and refusing to reply to my calls and mails. I have stopped calling him.

I want to know the procedure and grounds for annulment. We have not consumated the marriage and I dont know where the real problem is.

Pls advise.

Regards,
Anita

ps : I am financially a little weak now, and I want to know what wil be the cost for the process. Can I do it without a lawyer ? What are the typical lawyer fees ?

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10 Replies

D.V.RamaKrishna (Advocate) 27 April 2008

Madam Anita, If you really intend to get yourself separated from your husband you can file an application before family court at your place for annulment of marriage stating the facts and grounds on which you want to annul your marriage. But before that my advice to you is that you once talk to your parents and his parents and try to find a solution acceptable to both of you. If the talks fail and you still want to get separated you may file an application for divorce. As per law parties have to plead for themselves before a family court and if they find difficulty in doing so then with the permission of the family court they can seek the assistance of any lawyer to represent them before the court.

Guest (n/a) 27 April 2008

Thank you Ramakrishna Sir. I am a catholic christian by religion a nd we had a catholic marriage at Mumbai ( groom's place ) . I am in Bangalore, today I went to the family welfare centre in Bangalore and got counselled. My counsellor feels, this a case of impotency and has advised for annulment. The counsellor feels whatever the issue, a husband and wife would be atleast physically close when just married. My husband has always been physically distant from day 1. So I will get the docs ready. Meanwhile if he or his parents want to talk, the counsellor is ready to discuss. He and his family are both silent. I even talked to his parents, they said they would agreefor a mutual divorce once he is back in India. I am actually hurt by this, but then there should be a solution and a responsible action for every problem. Nobody wants to break a marriage, but when there is nothing good in a marriage, I dont know where it is going. AI ahve one more query, we got our marriage registered at Mumbai Bnadra court, do I have to do the legal formalities there or can I do it where I am working, i.e Bangalore ? Regards, Anita

Ajay kumar singh (Advocate) 27 April 2008

You may be better knowing whether your husband is impotent.If yes,it is meaningless to pull on the marriage tie.Impotency is a good ground for annulment of marriage.Otherwise you should seek divorce on the ground of cruelty in the family court Mumbai.If you are covered under the special marriage Act,you may lodge your case at Banglore too.Pl refer to section 31 of the Special Marriage Act.

Anita (semicon) 27 April 2008

Thank you Ajay Sir, I will try to find the reference. I would prefer to have the court proceedings in Bangalore as I am already at a risk posistion at job bcos of the leave. I had not expected my marriage to enter this situation that too something like court and all within 2-3 months of the wedding. However I have decided to be brave and go through the counselling. Thanks for all your inputs

Anita (semicon) 27 April 2008

Sir, How do I know if I am covered under the Special Marriage Act ? I have the marriage ceritificate which was done at Bandra, but there is no menton of the specal marriage act . Pls advise.

Kanhaiya Singh (Advocate) 28 April 2008

If your certifiate is registered and issued under Sec.15 of the Special Marriage Act,only then you avail the provisions that very Act. There is no provision for getting a marriage dissolved under the Christian Act. Under the facts as you have mentioned,only a decree for judicial separation will be appropriate under the Indian Divorce Act.The claim for alimony is also provided in the said Act.

Anita (semicon) 28 April 2008

pardon my ignorance. Are all registered marriages in court under the Special Marriage Act ? How do I know if my marriage is covered under the special marriage act. I got married at Bandra Court on Dec 31st 2007 and in the church on Jan 2nd, 2008. I have completed my counselling through the catholic arhcdiocese of bangalore and they have approved for the christian annulment. I understand that I have to legally also annul the marriage. This is the problem, bcos I dont know where to begin. I am working in Bangalore and the marriage was in Mumbai. I want to know how many times I have to travel to Mumbai for this ?

shaheen (lawyer) 30 April 2008

hi anita, You have been married under Special marriage Act. Later on christian marriage took place. You can file in Bangalore regardless of where marriage was conducted as you are presently residing in Bangalore, Bangalore family court/district court has jurisdiction. All the best regards shaheen

Anita (semicon) 30 April 2008

Hi, Thanks for the inputs. I wil do the needful. Regards, Anita

arun kumar gupta (legal profession) 23 August 2008

hi ,anita, your case is agood case for annulment,on the groud of cruilty, you can file case at bombay as well as at benglore.in case any difficulty can call mob 09415667952.