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gaurav (consultant)     28 June 2012

Marriage annulment

 

Dear Sir/Madam,

could you please explain the procedure for Annulment of Marriage ? how much time does it take to get the annulment ?

its been 7 months of marriage and I'm really frustrated of my married life.

I would put forth my case below :

I know my Wife since so many years and wanted to get married since 5-6 yrs.

but due to her parental hurdle marriage din't happen.

and she went to USA for her project for 3yrs.

in complete 3 yrs, she got indulge in "Live In" relation with her manager in USA which she din't tell me complete 3 yrs.

during these 3 yrs, in india, her father agreed and all marriage dates and venue got finalised.

just before 1month of marriage date she came back and told me the whole story and started begging that ...US guy ditched her and plzz marry to her as her parental reputation is at stake. and she'll do all possible things to get back into relationship and 'll live peacefull married life.

as I used to love her I thought she did mistake and she is realising and let me forgive her.

I got married to her. but since marriage day, she has changed her behavior and not cooperating in anyways.

first night, it self, she told its difficult for her to forget that guy so..she wants the time and wanted to go back to USA.

I denied and tried to persuade her not to go. but could not succeed.

in 2 month itself, she went to US.

now I'm not sure , if she is still continuing tht affair or with me. upon asking her to come back, she is not coming back.

what should I do ? 

I want to get rid of this relationship because, I've understood now she'll never change.

can I opt for annulment of marriage ?

if yes, then how.

if no, then can I opt for Divorce ..and how much time does it take ?

Please advise me. My life has become hell.

Thanks in advance.



 8 Replies

Tajobsindia (Senior Partner )     28 June 2012

@ Author,


1
. Hopeless case. No judicial scope using either alleged ground.
2. For plain vanilla divorce you have to wait for 1 year and till that time invent some real good ground as per your personal marriage Laws to even get plain divorce.
3. Best would be to beg her for Mutual Consent Divorce that also after 1 year of completion of this marriage.
Reasoning:
If people after knowing well character of a would-be and enter into matrimonial relationship with wide-open eyes and THEN take a U - turn and cry fraud and or cruelty then such cases are thrown out summarily is my view.


For rest efforts may God bless your brief. 


(Guest)

No case for annulment is made out as your wife did not suppress from you before marriage the fact that she had a 3 year live in with this guy. It was a conscious decision by you to marry her fully knowing that she had a live in. Hence, annulment is not made out. A contested divorce would also be difficult as it would be next to impossible for you to prove that she is still involved with this man, resultantly committing adultery and casuing mental cruelty to you. When you are yourself unsure of whether she is continuing the affair, how would you prove the same in the court? The only viable option for you is to go mutual divorce.

gaurav (consultant)     28 June 2012

Thank you very much for replying so quickly.

I would like to say that I've asked her for mutual divorce, she has clearly denied.

I say few more points - 

I've mails where she has admitted after marriage that she is not interested in maintaining physical relationship with me and in 2 months stay, we had lot of arguments. and She behaved insensitive to physical relation. She denied for honeymoon trip too. still I took her but we came back in 1 day itself. as she was incooperative.

She is not willing to share her any accounts. not supporting financially also.

One more vital point -- She had admitted before marriage tht she even got pregnant twice and aborted. I din't believe her but upon checking her mails I came to know that she was right.

I've that mails also.

after knowing everything, I forgave her and got married to her. but She is behaving arrogantly and giving me and my family mental torture. "is kalyug mein bhalai ka zamana hi nahi raha " , One saying is that " Tan-Man-Dhan"..She has not given anything.

over and above, she is compelling me to do whatever she wants. 

I've stopped talking her on phone as she is in USA and working there.

Is there anyway to get rid of this agony ? Please help me.

or should I wait for 1 year ?

Regards,

Gaurav.

 

gaurav (consultant)     28 June 2012

Thank you very much for replying so quickly.

I would like to say that I've asked her for mutual divorce, she has clearly denied.

I say few more points - 

I've mails where she has admitted after marriage that she is not interested in maintaining physical relationship with me and in 2 months stay, we had lot of arguments. and She behaved insensitive to physical relation. She denied for honeymoon trip too. still I took her but we came back in 1 day itself. as she was incooperative.

She is not willing to share her any accounts. not supporting financially also.

One more vital point -- She had admitted before marriage tht she even got pregnant twice and aborted. I din't believe her but upon checking her mails I came to know that she was right.

I've that mails also.

after knowing everything, I forgave her and got married to her. but She is behaving arrogantly and giving me and my family mental torture. "is kalyug mein bhalai ka zamana hi nahi raha " , One saying is that " Tan-Man-Dhan"..She has not given anything.

over and above, she is compelling me to do whatever she wants. 

I've stopped talking her on phone as she is in USA and working there.

Is there anyway to get rid of this agony ? Please help me.

or should I wait for 1 year ?

Regards,

Gaurav.

Amit (NA)     28 June 2012

Man, you are in some tough spot.

But not a being a lawyer, I'd like to know myself from the experts:

Since the wife is denying s*x, isn't this a form a cruelty and ground for divorce?

Since the wife left the husband for US, isn't this desertion? How long can a husband keep waiting for a wife who has no intention of returning?

Gaurav, I'm sure she'll get pregnant again and get aborted. If that happens and u can prove it, you'll be lucky.
Meanwhile, try to record her phone calls or emails and cajole her to tell the truth.

Gosh, where's dharma and justice today?
 

Rahul Arjaria (Law Student)     28 June 2012

Dear Sir/ Madam,

I have also filled a petition for annulment of Marriage under Sec 12 (1) (1-C) as my consent for marriage was taken by fraud. Following facts were concealed from me:

1. The girl was suffering from Symmastia/ Conjoinal Breasts (i.e. both the breasts are joined leaving no cleavage) since puberty.

2. The girl was suffering from Intra Mular Fibroids in uterus which she got operated before marriage & without my knowledge.

The girl got the case tranferred to other city of her choice after an ex-parte proceeding oder was passed by the court in my city. Now after one year of service of notice the girl has submitted her WS stating that they had informed me well of the fibroids & the operation was carried out in my supervision. Also she has denied that there is no deformity named as Symastia. She has claimed cohabitation in her WS bur in reality we never cohabitated.

I have all the medical documents proving the operation before marriage. I have an affidavit sworn in by the girl in district court campus stating that she has taken all her stuff/ Stridhan and is leaving me for ever. I also have some letters written by her as diary entries accepting the fraud done to me & my family.

We lived together hardly for 2 months and that too as I was threatened by her father for cases like 498a, & 406. The petition for annulment of marriage was filled within four months of marriage.

Pls help me with your expert advises that what should be my course of action and my chances to win.

regds

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     29 June 2012

MR. RAHUL

U HAV A CASE IN UR FAVOUR AND ALREADY LAUNCHED A BATTLE.

GOOD LUCK

Rahul Arjaria (Law Student)     29 June 2012

Thank You So much Srinivasa Sir.


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