sujit kapoor (Asst. manager) 01 October 2013

Null & void marriage under sec 25(3) of special marriage act

Dear sir I have married a girl on 3rd June 2013 under special marriage act and sent her back to her father’s house as per the choice of my wife as she wanted to come to my home after her brother’s marriage. But recently their parents knew about our marriage and they are not at all ready to give their daughter to me. Earlier the girl was ready to come with me but on 4th September 2013 I had a telephonic conversation with her in front of her father and she refused to come with me. Her parents filled a petition in sec 25(3) against me that I have forged all the documents of the girl and intoxicated her on the day of marriage. That's why girl was not conscious and she signed unknowingly everywhere. But all the documents which I have submitted were not forged and I can prove this nor have I intoxicated her. I have photographs of the marriage. She willingly married to me. On this basis their case has been admitted in the family court. They got first date of 26 September 2013. I have also filled section 9 for bringing my wife back. I got first date of 23 November 2013. My in laws want to settle the matter outside the court. As per them we should not go to the court for divorce. They are saying that they will get their daughter married in the village very soon and asking me also to get married to some other girl. They are saying that they will not interfere in my life in the future nor I should interfere in their life. But everything will be verbally. I want to know that 1) Will I be penalized if marriage will be proved null and void? 2) Should I settle the matter outside the court and agree to my in laws or should I give divorce under sec 13b? 3) If they are not able to prove the marriage null and void then what will happen? 4) I have not kept the girl along with me for a single day. We don’t have any physical relations also. Can this be the point for the marriage to be null & void? 5) Is it possible to bring my wife back as I have filled sec 9? Or will this sec 9 filled by me will help me in any way in this case? 6) Will it be a right decision to file for non consummation of marriage with mutual consent as it is not possible to bring her back since my in laws are very cruel? Note: - On 26/62013 they got the date for the petition they filled in sec 25(3) under Special marriage act. I appeared on the same but girl did not come. Her advocate was present. We have taken next date for reply. Next date given was 01/10/2013. Today also I attended the court and she did not come. Her advocate was representing her I have also not given any written statement. My advocate told that “we are not giving any written statement and all the allegations given by the petitioner are false. We have not forged the documents of the petitioner which was given for the marriage since it was given by the petitioner to the respondent that to self attested by the petitioner. If it was forged then it was petitioner’s fault.” 7) What is the way to prove marriage null and void without giving any allegation on any party and get the marriage cancelled? Thanks in advance. Waiting for your revert eagerly. Kindly revert soon.

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sujit kapoor (Asst. manager) 01 October 2013

Her parents filled a petition in sec 25(3) against me that I have forged all the documents of the girl and intoxicated her on the day of marriage. That's why girl was not conscious and she signed unknowingly everywhere. But all the documents which I have submitted were not forged and I can prove this nor have I intoxicated her. I have photographs of the marriage. She willingly married to me. On this basis their case has been admitted in the family court. They got first date of 26 September 2013.

I have also filled section 9 for bringing my wife back. I got first date of 23 November 2013.

My in laws want to settle the matter outside the court. As per them we should not go to the court for divorce. They are saying that they will get their daughter married in the village very soon and asking me also to get married to some other girl. They are saying that they will not interfere in my life in the future nor I should interfere in their life. But everything will be verbally.

I want to know that :-

1) Will I be penalized if marriage will be proved null and void?

2) Will my wife be penalized if she is not able to prove the marriage null and void?

3) Should I settle the matter outside the court and agree to my in laws or should I give divorce under sec 13b?

4) I have not kept the girl along with me for a single day. We don’t have any physical relations also. Can this be the point for the marriage to be null & void?

5) Is it possible to bring my wife back as I have filled sec 9? Or will this sec 9 filled by me will help me in any way in this case?

6) Will it be a right decision to file for non consummation of marriage with mutual consent as it is not possible to bring her back since my in laws are very cruel?

Note: - On 26/62013 they got the date for the petition they filled in sec 25(3) under Special marriage act. I appeared on the same but girl did not come. Her advocate was present. We have taken next date for reply. Next date given was 01/10/2013. Today also I attended the court and she did not come. Her advocate was representing her I have also not given any written statement. My advocate told that “we are not giving any written statement and all the allegations given by the petitioner are false. We have not forged the documents of the petitioner which was given for the marriage since it was given by the petitioner to the respondent that to self attested by the petitioner. If it was forged then it was petitioner’s fault.”

7) What is the way to prove marriage null and void without giving any allegation on any party and get the marriage cancelled?

Thanks in advance. Waiting for your revert eagerly. Kindly revert soon.

sujit kapoor (Asst. manager) 06 October 2013

Sir I have not given any written statement in 2nd date in her case filled against me and I have also not appeared on 3rd date since my father's health was not good. I have not given any written statement but told verbally to judge that I have not forged the documents and shown him the proofs also. Also, I have withdrawn my case sec 9. They have got next date of 27th November 2013 for argument. Please advice that step taken by me was right or wrong. Will she get the marriage cancelled through nullity? If she gets the marriage cancelled then will I be penalized for anything as I have not done any illegal thing and all the allegations on me given by them are false? Eagerly waiting for your reply.