Nituraj raaaju (QA) 04 October 2012

Null and void

Hello, I was betrothed on 5.6.2011 arranged by both parents and family members.

I am working in Australia and bride working as a manager in visa processing officel, it was decided by both after marriage v will be living together in Australia.

Bride working in a visa processing office (Including Australian partner visa) and bride is well versed with all the rules and loop holes in the visa process that make visa process easy and quicker, thereby, bride came up with an idea to get marriage registered than before doing marriage customarily in front of your relatives and friends, therefore, avoid delay in visa process. Based on bride opinion, v both decided to get the marriage registered only for the sake of visa process alone and not customarily.

After the registration of marriage which of no customary value, with no Hindu religious rites were performed, I gone back to work in Australia fixing the marriage date on 4/3/2012 moreover I paid Rs 1 lak along with a for bride as visa processing fees thereby submitting the application on 8/8/2011, believing everything going smooth but on contra, during telephonic conversation, misunderstanding and differences start arousing that lead both of us not to get in to the marriage relationship. Both of us intimated to parent’s though they were shocked but digested the fact that v both are not made up for each other.

After this incident v both agreed for divorce under mutual consent and consulted a Advocate to execute this process. since v both of us not completed 1 year of marital life from the date of registration of marriage to opt divorce under mutual consent under special marriage act and more over I was in Australia practically not possible to attend the court proceedings so I gave special power of attorney to my father and the same was adjudicated by the sub-registrar of ‘Sembium’.

After this there was a sudden change in bride's friendly attitude and I suggested bride's own lawyer to conduct all legal proceedings and rejected my lawyer. The bride's lawyer filing a petition seeking divorce under cruelty claiming alimony and maintenance is the only way.

My parents sand I shocked by bride's sudden change in attitude and further knowing all the story and marriage itself happened only for the sake of visa process alone neither any nuptial custom happened (even not consumated) Bride taking a reverse turn from the entire idea that you have suggested just to exploit the situation, thereby to enjoy alimony and maintenance out of that.

How can I proceed with this type of situation????????

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6 Replies

Tajobsindia (Senior Partner ) 04 October 2012

In my opinion you were in "collusion" with your then g'f now turned into wedded wife to a Registered Marriage, with wide open eyes and hence committed "fraud in your own marriage".

Hence nulity route I will not suggest (be it on non-cnumation or fraud in marriage grounds) to take and make it null and void as you are seeking remedy under via your thread post.

Discuss with her once more and if she is not agreeing to plain vanilla MCD then tell her to do what pleases her. Remove your father’s name from spl. PoA instead appoint fresh a seasoned local lawyer from reference OR search one from excellent database of LCI.

1. On today's date both of you can opt for MCD if marriage took place on 5.6.2011 .

2. Engage your own Advocate henceforth.

3. Get allowed and opt for Video Conferencing from QSLD, Australia.

Bhawani Mahapatra (Law Officer) 04 October 2012

Dear Mr. Neturaj

Without highlighting your severe mistakes that you have committed I am just trying to suggest few steps which may be helpful for you to override the situation:

1. The bride is very much entitled to claim alimony/maintenance from you so also can initiate criminal proceeding by alleging torture/domestic violance under different penal laws. Your marriage certificate is enough to prove that she is your legally married wife. So you can ask her to abstain from those false/fabricated allegation, so that you will give your consent for disollution of marriage under mutual consent. Else threaten her to file a case of Restitution of Conjugal Right (RCR) (even if u don't wish to do). If RCR will be filed by you, the burden of proof of her withdrawl from your society will be on her.

2. Try to make her understand the important of judicial separation for both to remarry of yours own choice after that, because as long as the court has not pass a decree of desolution of your marriage, both of you can't marry. So threaten her saying that- if she harrass you with unncessay allegation, you will streatch the divorce as long as possible and wouldn't agree for dissolution of marriage. In such a case ask her to get divorced on contest.

Advocate Suneel Moudgil (Advocate) 04 October 2012

Dear Neturaj,

your bride is your legally wedded wife and she can claim maintenance, alimony from you and can also indulge you in criminla proceeding or under DV act also.

as certificate of marriage is there so no need to prove marriage.

so try to reconcile the matter and if not possible file a case of RCR, which is only option for you.

Regards,

Suneel Moudgil, Advocate

Nituraj raaaju (QA) 06 October 2012

Thank you very much for your advice.

Nituraj raaaju (QA) 06 October 2012

Mostly filing in RCR.

But, What if I file a case against the bride, as I got cheated for the visa purpose by the visa officer( bride)?

Is there any case, I can file in?

Advocate Suneel Moudgil (Advocate) 07 October 2012

Dear Nituraj,

you were also involved in the cheating for visa purpose, so leave it, but you surely can make complaint to the employer of bride explicating all real facts or tricks adopted for getting visa early.

Suneel Moudgil, advocate,

Panipat