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deep (deep)     05 May 2015

Husband filed nullment of marriage after withdrawing hma13

My husband filed hma 13 in nov 13 in mohali. When interrim was fixed he withdrew. Now he filed hma 12 in ambala. Has forcibly possessed everything before throwing me out of home. Even marriahe photos. Now tells lie in court that no saptpadi was performed. We have a 2 year old child too. Pls guide



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 7 Replies

sandykrish (Interested in Family LAW)     05 May 2015

Application for nullity of marriage is not maintainable. Again apply for interim maintenance with the strong WS with the proof of his previous filing of Divorce later withdrawing it.

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     05 May 2015

Dear Deepika,

Like you hv mentioned that you have a 2 yr old child out of the wedlock, sec 12 of HMA ( voidable marriages) will not provide to be of a much help to your husband except he may succeed to proove this marriage null and void but still he has to maintain his child, secondly by giving the proof of his previous filing of Divorce later withdrawing it prepare a strong matter and go for Sec 125 of Cr.P.C. also file for Restitution of Conjugal rights sec 9 of HMA. you may further try for DV Act as well if it deems so necessary.

 

deep (deep)     05 May 2015

Thanks for the replies. But I m afraid as almost all of the judgements i ve seen thru internet say, no saptabadi ( phere) no shaadi, i m really worried. Can u please find n forward some judgements where i can get in my favour to annex with

Adv. Chandrasekhar (Advocate)     05 May 2015

No madam. U r absolutely wrong.  Ur marriage is valid. Do not apply so much of your mind.  Engage a good advocate.  Do not file RCR.  It 'll hurt u in long term.  Supposing that ur husband knowingly well that marriage null had physical relationship with u making to believe that u r in marriage relationship, his act amounts to rape and he will be put behind bars for 7 years.  Engage a good advocate and he will explain the fall-out of void marriage and how he can be implicated in rape case and you will get all the relief what u want.  My best wishes.

deep (deep)     05 May 2015

Sir, thnx a lot for the positive reply. But I want to describe the statememt in the petition

That when they arrived for themarriahe ceremony in hotel, respondent,s family ( my family) told them k hmary family me phere ni hoty, but now in 2014 after inquiry, they came to know k hmari family me phere ka ritual hai. So now they r filing this petition. Sir, ours is second marriage, both of us, married in april 2012. Child born in 2013, they threw me out of home alongwith my son when he got first seizure attack in july 2013, since then, i m wid my parents. Now my husband claims he has come to know about this ritual in our family now, so we played fraud in ceremonies. Nomentioned section 7 in petition

Sir, i want to save my marriage, pls help

Shantanu Wavhal (Worker)     06 May 2015

if the husband alleges that - no saptpadi was performed, then the burdon is on him to prove the same.

he underwent SOME sort of marriage ... then cohabited with you ... & a child is born ...

 

unless and until ur husband PROVES otherwise, the marriage is held to be valid for all the purposes.

 

in the absence of photographs, you can rely on your own evidence as well as the evidence of your parents, relatives, the priest, hotel staff for the proof of solemizing the marriage.

 

deep (deep)     06 May 2015

Sir, I m too worried as I don't have any proof evidence of saptapadi


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