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rajeshkumar (it)     11 March 2013

Urgent reply needed regarding child custody and void/null

hi,

eversince I am married (sep 2006) it was always conflict and incompatibilty between us due to lack of interest and apathy in familty life for my wife at the same to extort money from me .. i have a 4yrs 10 months old boy who is living in chennai for the last 4 yrs...now  stydying in one the leading school in chennai, having my brother in law as guardian.. me and my wife working in Bangalore .. my wife is a staff nurse and i am into IT .. since my wife did not take up any responsibility as wife and as a mother... i realized and moved out of my house and both of us started living separately in Bangalore for the last two years.. since my son in chennai , I use to travel all the weekends to chennai to my mothers place to spend time with my kid... but she use to come to chennai once in 6 months... I applied for a null and void case 6 monthsback and in order to avoid that she came to my mothers house in chennai and settled...,she and her father always use to take away my son to ambur and black mail and take money from me and spoil his education... ..so I gave a Habeaus corpus petition in Chennai high court and bench judges told her to continue his education in chennai... now everyweekend she takes away my kid to ambur and i do not have access to see my child...

i am a hindu and she is a chrisitian .. we got married under hindu marriage act and not registered.. now applied a void and null case in bangalore... please suggest me how to get child custody case

 

 



 22 Replies

Manish Udar (www.Mehnat.IN)     11 March 2013

What is this null and void that you are talking about? What is the agreement or order which you want to be rendered null and void. Further, it is possible to file a case but it is not possible to apply for a case, as you are claiming to have done. Please write clearly, like a literate person with a clear mind.

www.mehnat.in

rajeshkumar (it)     11 March 2013

Annulment of Marriage...

click the below link ,, you can understand cleary about the case which I am referring

https://expressindia.indianexpress.com/latest-news/hinduchristian-wedlock-invalid-under-hindu-marriage-act-sc/395095/

 

stanley (Freedom)     11 March 2013

Ok ..the marriage is considered Null and void . you should have got maried unde special marriage act .

Manish Udar (www.Mehnat.IN)     11 March 2013

Currently you have access to your child during the week but on weekends the mother takes him away. This is a fair enough situation.

As far as the annulment is concerned, in the supreme court decision that you have mentioned, the wife claimed clearly that the husband misled her. If your wife misled you into believing that she is a christian then you have a case. If you were aware that she is a christian and still you married her under hindu law then you don't have a case as you are a willing party to this transgression. No Indian court will allow you to take advantage of your own wrong.

www.mehnat.in

rajeshkumar (it)     11 March 2013

my child was raised by my mother and sister in chennai and she will visit my house once in 6 months ..

now she is staying in my mother's house without our permission and she provokes everyone there and take away the

child to her native without our permission and knowledge.. if child custody goes to her she will stop his education in chennai and make him join in her village which is a disaster.. however, high court told her to continue child's education in chennai..

now for the vacation she will take him away for two months... can we temporarily stop this until the child custody case is filed?

 

rajeshkumar (it)     11 March 2013

i am working in Bangalore and have access to my kid only in weekend , but she is taking him away to her village which is 180 KM from chennai... can you please recheck this invalid marriage again as the supreme court says marriage under hindu marriage act only for hindu couples... regardless of any situation.. and our marriage not registered...

not complying with any marriage act..

any interim application can be filed for me to get visitation during his vacation?

 

Manish Udar (www.Mehnat.IN)     11 March 2013

I think you will have to fight this annulment case till higher courts, and try to get a decision in your favour. I am assuming that you got married by a religious ceremony commonly called Saptapadi or Saat Phere or Vedic Rites, and that this fact is the basis for your claim that you got married under the Hindu Marriage Act.

Yes you can file an interim application, and hope for the best.

Another way out is to offer this woman some money to exit your life. You are not too old to start afresh. Your child is loved by both you and your wife, therefore he will not suffer neglect in his childhood, you don't have to worry about that.

www.mehnat.in

rajeshkumar (it)     11 March 2013

my marriage falls in neither hindu marriage act(as it is only for hindu couples) nor special marriage act(not registered).. also never did (Saptapadi or Saat Phere or Vedic Rites)

my wife and her father who is an uneducated local politician ,  is using my kid as a trump card to generate money from us.. she left my kid in my sister's place when he is 5 months old and worked in Bangalore... now in order to safeguard her life and extort money they are using him as a tool... not worried about his future.. i paid huge amount as donation to school , but she is trying to take him away.. anway , thank you so much for your time and valid comments and suggestions

 

Surajit Rana (Senior Developer)     04 April 2013

Hi Manish,

I am working in Bangalore in a Software Company. Recently I got married on 10th November in Arya Samaj. My wife is a muslim. However she told me that she is Bengali Hindu Brahmin. On 6th Feb 2013, she showed me knife and threatened me for a police complaint and forced me to live separately. She is basically a con - woman and as of now I dont know where she stays and with whom. I went to complain police but instead of taking FIR, the police threatened me of calling the girl and based on complaint and allegations they threatened me of arresting me. Please suggest what can I do on this ? 

Shantanu Wavhal (Worker)     04 April 2013

marriage of the author is null & void.

 

Hindu marriage can be solemnized ONLY between 2 HINDUs

 

 

5.         Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following condition are fulfilled,  namely:-

 

marriage of Hindu with Christian, solemnized as per Hindu rituals is VOID

such marriage can be declared void by competant court.

 

 

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.

 

still the child of a void marriage is NOT illegitimate child.

 

 

16      Legitimacy of children of void  and void able marriages

(1)        Notwithstanding that marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been vaild, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws ( Amendment) Act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2)        Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled ,shall be deemed to be their legitimate child  notwithstanding the decree of nullity.

(3)        Notwithstanding contained in sub section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nulity under section 12, any rights in or to the property of any person, other than the parent, in any case where, what for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents].


if the father wants child custody, he has to file for the same along with visitation rights.

.

Shantanu Wavhal (Worker)     04 April 2013

 

 

M.M. Malhotra vs Union Of India And Ors on 4 October, 2005 – SC.

 

The marriages covered by Section 11 are void ipso jure, that is, void from the very inception, and have to be ignored as not existing in law at all if and when such a question arises. Although the section permits a formal declaration to be made on the presentation of a petition, it is not essential to obtain in advance such a formal declaration from a court in a proceeding specifically commenced for the purpose.

 

 

also yamunabai anantrao adhav case decided by SC

Have a Heart Foundation (Sales & Mktng)     04 April 2013

@ Rajesh... you need to immediately file for Child Custody under Guardians and Wards Act and also file for Interim Visitation Rights.

@ Surajit.. In case if the Police are not taking your complain you can send  written complain by Registered Post or Email to The Commissoner of Police and mention them the entire episode..

if she is really a CON WOMAN hire a good criminal lawyer and also file a criminal complain of cheating IPC 420, criminal itimidation, threats  etc..  506 (2), breach of trust u/s  406 IPC,  and other sections of 323 IPC, 334 IPC

 

Section 24 IPC. Dishonestly 
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing "dishonestly".

Section 25 IPC. Fraudulently 
A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise.

Section 52 IPC. Good faith 
Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

Section 406 IPC. Punishment for criminal breach of trust - Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Section 415 IPC. Cheating - Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat"

Surajit Rana (Senior Developer)     04 April 2013

I have only two proofs against my wife to be a muslim.

1. Screenshot of her facebook chat to her friend saying that "My husband does not know that I am muslim".

2. She told me that she is an orphan. She had told me about a muslim lady who had taken care of her after her parents death. But when I had a talk with that muslim lady then the lady said that my wife is her daughter and she had lied me about her religion before/after marriage. I had recorded the entire call where the lady told me this.

Can you tell me what kind of proofs would be required or the one I said is enough as my wife would deny this fact that she is muslim.

Have a Heart Foundation (Sales & Mktng)     06 April 2013

Find as much evidence as possible hire a smart experienced lawyer and use evidence wisely one by one during various stages like when filing counter affidavit or direcetly during cross examinations etc.


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