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Anmol Gautam (Software Engineer)     02 May 2013

Should i move annulment case from section 12 to section 13?

Hi,

I had filed a case for annulment in Feb 2012 under Delhi Karkardooma Court. The marriage had been forced to me and I have enough evidence to proof it.

The judge is completely biased towards the girl and have asked me to file to withdraw my case now and file a new case under section 12. He have told that he cannot pass such a decree and if I insist on continuing the case can drag for years. The divorce case he said will be over in 6 months duration

I do not have much faith towards the respondent parents as they are very greedy, they have asked already a huge sum and I fear that they may change grouds even ahead. 

Please advice how can I save my case and do I have any other option for fallback? I have attached my case copy for reference.

Regards and much thanks



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 May 2013

Dear Anmol

No need to worry, Dont withdraw the case, if you think that the judge is bias then file a transfer petition u/s 24 of CPC before District Judge, once you file the case under section 13 for divorce the judge pass an order and grant the divorce and  she /wife will be entitled for maintenance, it is better to fight the case and this marriage declare annuled.

Feel Free to Call

Nadeem Qureshi Adv.

D-720, Lawyers Chember,

Karkardooma Court, Delhi

9953809956

8802305262

1 Like

Rajendra K Goyal (Advocate)     02 May 2013

Agreed with Advocate Nadeem Qureshi.

1 Like

Tajobsindia (Senior Partner )     03 May 2013

  1. I disagree to @ Nadeem and to @ Assumi. You should follow what the ld. Judge said which you clearly misunderstood.
  2. Delhi HC Rules states clearly that if the petition is for a decree of nullity of marriage on the grounds specified in clauses (c) and (d) of sub-section (1) of S. 12 of The Act (HMA) the petitioner should move a Petition under S. 12 of The Act (HMA) for annulment of marriage by a decree of nullity and not under S. 13 of The Act (HMA). 
  3. The ground of queriest which he has prayed as per his own brief is; the consent for marriage was taken by ‘force’ or were taken under undue influence’.
  4. Delhi High Court in one of its land mark judgment ref.: Mr. Ranjit Thomas Vs. Ms. Annie R. Thomas [93 (2001) DLT 271, II (2001) DMC 419, 2001 (59) DRJ 515] had held:

 

"Thus if a party to a marriage gives consent either under the influence of parents or to avoid and escape their wrath or disagreement or under their or any other kin's threat to harm themselves or the disagreeing party to the marriage or through the implorings of saving the honour of the family or parents satisfaction, such a consent lacks element of voluntariness and volition as it is smeared with duress and force."

 

"Instant wedlock turned into a deadlock at its very inception. Parties hardly stayed for a week together and that too without any response to marital advances of the petitioner. Dismayed at such a conduct of the respondent, the petitioner asked her about her indifferent attitude. She disclosed that she was not interested in marrying him and gave the consent at the instance of her parents and for their satisfaction. It appears that her physical and mental strength succumbed under filial force and obedience. It was not a consent free from force or duress and, therefore, neither voluntary nor volitional."

 

"As a result, the petition is allowed and marriage is hereby declared as null and void by way of a decree of nullity."

1 Like

Anmol Gautam (Software Engineer)     05 May 2013

Thanks a lot for the advice, my state was worse.

I was at the police station on the eve of my marriage, where I came to know about it. The girls father threatened me and all this was covered by Amar Ujala newspaper and printed next day on papers. I had placed a FIR of my threat to life after coming to Bangalore back and also allahabad high court. Having submitted all these documents too, the judge says he cannot blame the girl alone for it and there has never beeen a case as such under section 12 C. Just being a guy is a crime in maternity law.

I am unable to attach but u can check out the Amar Ujala Aligarh paper of 5th December 2011 online.

Anmol Gautam (Software Engineer)     05 May 2013

Hi,

I had filed a case for annulment in Feb 2012 under Delhi Karkardooma Court. The marriage had been forced to me and I have enough evidence to proof it.

The judge is completely biased towards the girl and have asked me to file to withdraw my case now and file a new case under "section 13" for Divorce. He have told that he cannot pass such a decree and if I insist on continuing the case can drag for years. The divorce case he said will be over in 6 months duration

I do not have much faith towards the respondent parents as they are very greedy, they have asked already a huge sum and I fear that they may change grouds even ahead. 

Please advice how can I save my case and do I have any other option for fallback? I have attached my case copy for reference.

 

Sorry for the typo error

Regards and much thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 May 2013

 

Dear Anmol

No need to worry, Dont withdraw the case, if you think that the judge is bias then file a transfer petition u/s 24 of CPC before District Judge, once you file the case under section 13 for divorce the judge pass an order and grant the divorce and  she /wife will be entitled for maintenance, it is better to fight the case and this marriage declare annuled.

Feel Free to Call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 May 2013

Dear Tajobsindia

I think, I informed the querist  not to withdraw the case and i suggest only for transfer the case after filing Transfer petition u/s 24 if the querist think that the judge is bias. I don't Think so where is the diffrence in my and your opinion?

Don't take otherwise.


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