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(Guest)

Pls help me (nullification)

I and my wife have registered our marriage on 04/03/2011 under the special marriage act.But my wife was at her home but we had met in other places and in my room several times.We have lived as husband and wife.we loved for seven years.I have many photos taken in my room and public places and love letters.But her parents forced her to suit a complaint against me in the family court to declare as void and null..I could not contact her for three months her parents do not allow me.while we were in love We had been living as husband and wife for 3 years but all were secret.
The petition is as below
1)I forced her to get married
2)We didn't live together.
3)There was no s*xual intercourse between us.
4)I tortured her.

But truly i say these are not correct.If i get a chance to talk with her she will come with me.Will i get a chance to talk with her on the day of hearing.Pls guide and advice how to get her back.What should i do on the day of hearing...If she says that we did not have intercourse also then what should i do.I have sacrificed many things for her any how i want her pls guide what should i do on the day of hearing.. As you all know my problem.I thing my wife will act as her parents say in the court.She is hiding our secret things (Consummate,lived together).The evidences are very confidential that as a husband i should not show any body.Before questioning me If i ask the judge to allow me to talk to her personally will they allow?I could not contact her for three months.The petition contains only the things what her parents know.Pls advice me


Dear experts I tried my best to contact my wife i could not do.The hearing date has been postponed to 22/03/2012 because there is no judge in the court and when i asked the court staffs they told me that still now nobody is appointed.I decided to talk with her mother and say the truths which my wife hides from them due to fear.I shall request them if my wife also does not like this relation then file for mutual consent divorce.Dear experts please help me to talk and how and what should i talk.will it bring trouble if say the truths.



Learning

 7 Replies


(Guest)

in your case it is forcefull retention of a married woman which is a punishable offence under section 498.(not 498A). you can sue her parents on the ground that they forcefully retain your wife u/s 498 of IPC.

 

do you have the marriage certificate  and witnesses to marriage? you can call thosewitnesses, they will tell the truth.

 

the photos taken in your room will prove that you two live together and her love letters will prove that this is not a forced marriage.

are all these stuffs are with you?

 

 

Shantanu Wavhal (Worker)     20 January 2012

@ author, 

 

pl. try to avoid repeating the same query.


(Guest)

My query is not the first paragraph but the second paragraph(GREEN)


(Guest)

well then ask for mediation


(Guest)

Keep in touch with her parents what she want ( I believe some lump sum money) and wait till March for court date.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     21 January 2012

correct what arnab says : ask for councilling 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 January 2012

Dear Jaypal there is no rule in SPA that whenever all four allegations do not prove true,the marriage will not be null or void. Read section 25. Voidable marriages. Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if- (i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or (ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or (iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872 ) Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; 1. Subs. by Act 68 of 1976, s. 25, for certain words. (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. feel free to call

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