498-must-scrap (Manager) 24 October 2012

Null and void register merriage

Hi All Law Experts,

My son age is 28 years Old and He got married in Nagpur district court on Jan 2010 without inform us. We all unaware from this from last 2.9 year, we are from Nagpur & that girl is from Chandrapur, Girl is not living with us or with my son from begining (date of Marrige), they got married by Law infront of Girl relative in Nagpur Court, nobuddy was there from my son side. Now a day's he is constantly crying and living afraid life now he realised he was wrong, He tried to Suicide once time due to girl becuase she is constantly torturing.

I Discussed all with my son, They were working together in Same office then both Were fall down in love after they decided to get married But My son were thinking that time is not good to get married, she did pressure for marriage & She said just put the registration in court we will start our married life after 1 to 2 years, & they both got married infront of her relative in Nagpur Court, They are discussing on phone, from last 1 years He realised he was wrong because her nature has been changed they always fighting on phone by lots of small things because misunderstanding between them, she is saying to son she never loved on you, she had BF before my son and he broke relation with her thats why she loved on him for forget ex-BF because she was in shocked, after listening this all, My son not agree from heart to live with her, Now her parent also not agree for arrenge marrige with all hindu formalities at this time they all saying we don't have money for arrenge marrige, if you want to bring her come to our home and bring her.

I can Bring her if my son will happy but I dont think this, he just saying ( Mummy & Papa muze maaf kar do, maine aap logo ko dhokha diya). and constantly crying,

she always Use of abiusive language about our family also excessive, her nature is too critical for my son also my family,My son said he have transfered near about Rs.1 lacs for her education she always demanding money in the name of her education, Now I'm totally afraid due to this issue,

I contacted to Local Advocate and discussed about above, they saying this is merriage is totally Null & void because from date of merriage they didnt Live together as husband and Wife on this basis we will apply in court so my question is Is it possible to prrove Null & Void this merriage ?

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9 Replies

Javed (CA) 24 October 2012

Only fault of your son is that he is born in a country like India where men have no rights.There are laws like 498 and DV which women are taking advantage and destroying the society and nothing could be done.

Not only your son is in trouble but even you and your entire family as this girl can file a flase case of 498a,406,DV and put your entire family along with your son and no Advocate can help you out of this because this is our Indian law.

498-must-scrap (Manager) 24 October 2012

Thanks Mr. Javed,

Do you have any way to secure my son & my family and getout from this issue ?

Thanks in Advance

Chetan Joshi (Advisory/Advocacy) 24 October 2012

Please put your query in

3... form....

we gotta realise that someone is answering them!

I do not see to why this marriage can be called null and void....

The couple was consentual in living apart....

Thanx

Javed (CA) 24 October 2012

let me be very frank that there is no real solution to escape from this only way is to wait and watch what she does and then with help of a good lawyer protect you and your family so they don't have to spend some time in police station.

You would be surprised to know that even if your son did not spend a single night with the girl she can file a case of cruelty under Domestic violence as not having s*x after marriage is treated as cruelty as per Indian law.She can make your son do whatever she wants otherwise on varoius cruelty grounds she can file cases and Indian law does not ask for proof when its filed by a married woman.On the other hand if she sleeps with her ex boyfriend and your son makes a complaint then also she will not be punished as she is Indian women and protected by various laws.

Marriage in India is now a business and girls and her family making crores.

498-must-scrap (Manager) 24 October 2012

Mr. Chetan,

they did not live together even 1 day, also her relative didn't inform me that time, no one was there from my son side, in this condition how i will belive that merrage in legal.

I couldn't fond any proper way

Regards

Javed (CA) 24 October 2012

Sudhakarji as your son is not a minor and if he gets the marriage registered in front of the registrar then its legal even if you don't accept it or not.

How can you prove that they did not spend 1 day this is something impossible to prove.

In registered marriage informing family friends relatives parents does not have any value as its done in front of registrar and that makes it legal.So now instead of checking legality of marriage find ways to save your family and if any property registered in name of son transfer or sell them.

Chetan Joshi (Advisory/Advocacy) 24 October 2012

Registraion of marriage has no condition of witnesses being from the Girl or the Boy side.....

If your son can prove that your daughter in law didnt live together....A divorce petition may be filed for Dessertion....

Although we at LCI give legal advice but I would go beyond and suggest that if your son has tried to attempt suicide, he needs help!

Prepare your case well...

Thanx

498-must-scrap (Manager) 24 October 2012

Thanks Mr. Chetan,

She know and her family also know all relatives, friends also know they didn't live together as a husband & wife ( I'm unaware if they spent some time outside of house for Picnic or in hotel of out of station) they just put register marriage & dicided to start marriage life after 2 years but now condition has been changed from last 1 year, they both understand they wont be happy with each other but she is blackmailning us in the name of divorced and she always Use of abusive language about our family and her nature is too agressive it's too critical for future, Now we all in big trouble

I invited her relative in my home for discussed on this but nobuddy is agree for come to discussed.

Javed (CA) 24 October 2012

Sudhakarji till marriage boy and his family gets all respect and soon the marriage is registered then the full control is transferred to the girl and his family.Its only waste of time talking to her relatives so better get a lawyer and save your family from future trouble.

Please don't waste time proving validity of marriage and if the couples spend a day together or not as these things cannot be proved and if girl says she spend 100 nights then no use of any witness.

If you have time then google for 498a and you know how girls and her families mostly in metros looting boys and his innocent parents and relatives.Keep in mind that if the girl just go to a police station and files a false 498a case she can put your son along with your entire family and relatives in jail within hours wihout any arrest warrant without any proof and its non bailable.

This is a big extortion racket and even our Hon. SC knows it but Andha Kanoon can do nothing.