Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anony (Vetti Officer)     19 April 2013

Is my case eligible for annulment

Here is my case , 

1) we got married on 2010 and lived together for less then 3  months. 

2) My Wife started abbusing my mom who stayed with us and here parents came for mediation. Didnt go well. 

3) one Fine  day, here uncle and aunt came to our home to pick her up and reason was "her mother was sick." 

4) She never came back to my home after. When I went my native, They started the mediation with the local MLA. Didnt go well because they treated us very badly. 

5) As usual, 498A filled in the local ladies police station and They called for an enquiry. I went police station and i explained everything to them ( Nethier my parent nor I take/ask single paise from them and the marriage conducted by us and they didnt pay any money for the marriage) . No case filled and they ask me to take her back to my place and start our life. I agreed and told to police that i need some time to take her back to my place. The police gave fifteen days time. 

6) In the mean time, they went to DSP and filled the case again. Then i went told police station, explained again to them ( atleast this time was easy because i have support of the lady Sub Inspecter who inquired us before). My wife was very adament and asked for a divorce in front of DSP. 

7) Police asked to hand over the sridhan to them-done and got the letter signed by FIL. 

8) one fine day, i have got a lawyer notice asking for a mutual consent.  I consulted a lawyer, he framed a reply in such way that, I refuse for MCD and ready to live with her and this happend two and half years before and I havent recevied a reply from them. 

Now, 

I dont want to live with here anymore and sick of their family. They destroyed our family reputation and because her anger/adament, we moved away form our native.

In her lawyer notice, she claimed that "I AM AN IMPOTENT" ( But i am not). Based on this alegation, can I file for the marriage annulement or i should go for divorce. Can I file a defamation case for calling me impotent? 

If i have to go for a divorce, what should be the ground for divorce? ( i guess cruelty (false 498) and desertion.   )

Please guide me to get rid this weblock. 

Thanks for your time and guidence. 



Learning

 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 April 2013

No case of annulment here for you from the given facts. Check from your sources whether your wife is still ready for MCD bcoz it will be hassle free and shall free both of you in 6 months. If yes, MCD is the better option. Otherwise from the given facts, you can file for divorce on the ground of desertion and mental cruelty.

1 Like

(Guest)

totally agree with seniors.

speedyness of judgement depend on workload. by the way u r frm which city ?

Shantanu Wavhal (Worker)     19 April 2013

wife can file for divorce on the ground of husban's impotency.

but if husband files for divorce on the ground of his own impotency & if wife contests the petition, then husband can not be given advantage of his own wrong.


BEST wayout

she is asking for MCD - then go for MCD.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     19 April 2013

Archana sugession is good

Alan Kumar (Asssistant Manager)     19 April 2013

Hi All,

Could you please tell me the cases where a husband can file for Annulment? In the Indian Law the women are given all the rights to contest against the husband and in few cases its the other way around so what does a man do?

Please suggest if I can go for Annulment.

I was not prepared to get married to this lady even before marriage. But got married as it involved familes and especially the threat that my fiance at that time gave that her family  and she will commit suicide if the marriage breaks. 

She is still stydying and hence does not live with me after marriage, stays at hostel. Only comes and goes over weekends sometimes.I stay late at office when ever she comes home cause I do not want to be with her.Hence the wedding is not consumated till date.

And I would not want to consumate it either as I am not willing to spend the rest of my life with her. Cause now I have realised she was manipulating me from the time we got engaged.

Have told her the same and she not willing to listen and says she will change the way I want her to. But I do not trust her a bit and I know she is not my type of girl.

She has even tried to convince me to leave my parents and live seperately for which I am dead agaist as all I am today is cause of my parents and would never desert  them at the time when they need me most.

Spoke to a lawyer about the same and since I am a christian he says according to some act I have to wait for 2years to file for divorce. Is this true? This May 7th would make it one year.

Do I have to wait for 2years cause if so then the next one year will be a torture as she will be done with her studies and will be at home.

Please do suggest ..

Thank you.

Anony (Vetti Officer)     19 April 2013

Thanks everyone for your Guidance.

@ Archana Thanks for your suggestion. Now the problem is, My wife demands huge sum of money to give a consent for Mutual Divorce. Right now I dont have a capacity to pay so much, also I dont want to take a loan to pay her. Already my marriage is flushed down the toilet and I dont to make my life more miserable by taking the loan.

Please suggest, if i have any alternative? Or should i try for the MCD again?

 

@ member - deleted account,

I am currently residing in bangalore and my native is pondicherry.

@amit

Thanks for your suggestion. Since my wife issued a legal notice first which was claiming that i am an impotent. On what ground she can contest the annulment case? Since i dont know the dynamics of the law, i want your help little more.

 

@Alan,

Please start a new thread, so people can provide more inputs to you.

My sincere advice, Doesnt matter how you entered in to your marriage. Try to live with her, also she is ready to change according to your wish. Thats very very rare, You can't get anyone with the such attitude. More over, You never lived together to feel that she is not right for you. Until unless you have someone else in your mind during the time of your marriage.

I wish you all the best.

Shantanu Wavhal (Worker)     19 April 2013

 

@amit

Thanks for your suggestion. Since my wife issued a legal notice first which was claiming that i am an impotent. On what ground she can contest the annulment case? Since i dont know the dynamics of the law, i want your help little more

 

court will not blindly grant annulment on the basis of her claim

admitting impotency in court on affidavit will be harmful for urself - u will have to bear the consequenses for rest of the entire life.

 

further, it seems childish ...

she calls me impotent - i admit to be so, just to get out of her claws !

Adv Archana Deshmukh (Practicing Advocate)     19 April 2013

Originally posted by : Anony

Thanks everyone for your Guidance.

@ Archana Thanks for your suggestion. Now the problem is, My wife demands huge sum of money to give a consent for Mutual Divorce. Right now I dont have a capacity to pay so much, also I dont want to take a loan to pay her. Already my marriage is flushed down the toilet and I dont to make my life more miserable by taking the loan.

Please suggest, if i have any alternative? Or should i try for the MCD again?

 
 

If MCD is not possible, then as I already said,  you can go for contested divorce on the ground of mental cruelty and desertion. Here you will have to prove your grounds and it will take a longer time in court compared to MCD.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query