Help me Nullification of Marriage

@Surya

Your post is not clear about the mental status of your wife. Why is she beating you at private part and why has she remove the mangal-sutra?

Nullification of marriage is applicable wherein you did not had an opportunity to know about the mental status of your spouse. But in your case you knew and had an option to know about that. So in my view, nullity cannot be claimed in you marriage.

But, if you wish to take divorce, then you can apply divorce based on cruelity of your wife and her strange behaviour.

//peace

/Saurabh..V

THanks for your reply..

But even she is only filing the case saying----here father dead.In due course at this unsound of mind,alll here relatives forced to marry .

Query1: So can marriage get  cancelled via Nullification of Marriage Act.

Thanks.
 

Her father died 2 months before the marriage so this ground can not be considered for her ill mental state.Also u can file a case against her under section 326 of IPC as she hit u  on private parts . Marriage can not be nullified only the divrce is the way for separation.

My understanding after reading your post is that you are not happy with your marriage life and she also does not want to continue this marriage.  If that is so, let her file petition for nullification of marriage and you do not contest it.  Then marriage will be nullified and both will become free. But what you have to take care of is that she will not file any interim maintenance application under Section 24 of the Act or any permanent alimony appliction under Section 25 of the Act.  You tell to her that if she does not demand the said two reliefs, you have no objection and will not contest the court.  After nullification (annulment) decree, as per law both will be put in the same position earlier to marriage as if there was no marriage held.

THanks for your reply.

Query 1]But If she file case that she is not intrested in wife and husband relation.Than can our marriage get nullified.

Query 2]If I caught her red handed when she doing s*x with some one,can I file case against here

Respected Chandu,

Thanks for your reply.So if  she file  petision in court that to Nullification of Marriage saying that she was not mentally sound at time of marriage on grounds that

1]  here father dead.In due course at this unsound of mind,alll here relatives forced to marry .

2] She is not intrested in wife and husband relation

Do we  be abel to get marriage cancelled via Nullification of Marriage Act.If so how many months it takes.
 

@ Author

1. You have mentioned the grounds she alleged in her suit and as per your brief in my opinion she is invoking S. 5 ii (a) HMA to void the marriage!. Further, medicaly I feel she is in first phase of 'reactive depression" as per DSM - IV psychiatric diagnosis model if such diagnosis have to be made and I Dx such marriage is not going to work conducive enough if left 'un-treated' and few early symptoms she already exhibited such as hitting / trying to hit pvt. body parts of spouse and removing the customary signs of marriage which isa relapse signature of such depression cases etc. as stated in your brief(s).

However if it is so then the que. here is what you want out of this marriage? If you also donot want to continue with such relationship then you donot contest the suit filed by her then it will be decreed in her favor however then consideration has to be given for her Alimony under S. 25 HMA means one time maint. to her till she re-marries which you both can always discuss as it was not your fault that you married her but it was circumstances which led you into such marriage and post marriage hititng and actions of her is now leading into divorce is it not so !!!!. Also I feel since no dates (year) when the marriage took place and when she filed the nullification suit are mentioned I have reserved my doubt for admission / service of such suit in present form !


BTW, in my further opinion since a very close relationship person in her family recently passed away the sensible offer from other spouse family side would have been to delay the marriage for a later long date and side by side support the bereaved family especially the women members with long term humane touch during such bereavement period to make them stronger and accept to prepare for a new beginning. 

Thanks alot .I too want divorce from her.I only asked here to file nullification of marriage case.

My marriage date:12-Mar-2011

Nulification of marriage case file date:01-June-2011

Query1:So is this nullification of marrige is in force.(I just came to know nullification of marriage ace is not still in force via parliament)

Query2:If so can we win the case of getting marriage nullified.

Thanks,

She has to file a petition under section 12 (1)(c) of Hindu Marriage Act for annulment (which you are calling nullifiction) for forcing her to the marriage and it is in force, you can get annulment decree.

Hi Sir,

Thanks for your reply.

As per my advice,GIrl filed a case to nullify the marriage coating that the marraige was done with un sound of her mind,her father passing away.No conjugation life done and requesting to court to give diverse

Mariage Date-12-MArch-2011

Query:But judge is not giving diverse and judge is keeping pending the case.Pelase let me know with what points we can get nullify the marriage sooner.

Thanks,

Sudheer