Possibility for nullifying my marriage Possibility for nullifying my marriage

5 years ago

I got married six months back. On the night of my wedding my wife revealed to me that she s not intereated in marraige life and was forced by her parents to marry me. I informed to take time to understand and to decide jointly. Its been 6 months, our marriage is unconsummated and my wife left my home wihout prior information stating that she is going for masters in abroad and not interested in mrg life and wontcome back. I have filed a case in police stn. And got F.I.R copy.
Wether my marriage be nullified as she married me under the force of her parents? Or wat can i do..

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client you can get divorce with compensation on the grounds of non-consummation of marriage and cheating. even you can proceed for annulment of marriage under section 12 of hindu marriage act.
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Manu A

Replied 5 years ago

Thank you sir.
I have consulted with my lawyer in chennai. He stated the grounds for annulment is very less unless that girl admit she was forced by her parents to get married or she is selective impotent. So suggested to go for mutual divorcw after 6 montha time.
Request your view on this.

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Vidhi Samaadhaan Vidhi Samaadhaan

Meenakshi Garg

Responded 5 years ago

A.Sir, you did right by filing a complaint in the Police Station as further if your wife comes back and claims anything from you or put any false accusation then you have a proof that she ran away.
Now coming to your marriage then sir it is a valid marriage even if it is a one day marriage and unconsummated. You can file a divorce either mutual by taking your wife into confidence or contested if she doesn't agree to give you divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

VIMAL K MISHRA

Responded 5 years ago

A.Dear client First of all, you stay mentally strong and provide the following informations.
1. How much time did the wedding take place?
2. In which section did you file the first information report?
You can feel free to contact me through Vidhikarya.
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Adv Avdhesh Chaudhary

Responded 5 years ago

A.Dear client it will not be possible for u to go for divorce as u have not completed min 1year of marriage. Yes u may proceed for annulment of marriage under section 12 of hindu marriage act. Mind u can apply only within one after knowledge of the fraud played with you. So please go for it. In case of need u may call me by getting my contact details from this legal site.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

You can get divorce with compensation on the grounds of non-consummation of marriage and cheating.
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Manu A

Replied 5 years ago

Dear sir,
Thank you for the input. Also my wife has stated in her letter that though i have behaved well, she felt very insecured and was thinking wat would happen every night and how to protect her from me. Will that be of any use.?

Manoj

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Manu A

Replied 5 years ago

Also, I feel their parents will not support her to proceed for mutual divorce and try to drag the time.

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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.What is your complaint and what are the sections FIR has? You may file for nullity but your evidence is not enough for getting a judgement as you like unless your wife admits so.
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Vidhi Samaadhaan Vidhi Samaadhaan

Johnson Thangiah

Responded 5 years ago

A.You consult lawyer for civil remedy immediately.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kumar Karan Agrawal

Responded 5 years ago

A.Dear Client,
As per the facts, the best way is to go for Mutual Consent Divorce. You should talk to your wife and file a Mutual Consent Divorce petition under section 13 (b) Hindu Marriage Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vishwabandhu

Responded 5 years ago

A.Dear client Your case is much complicated. Consummated or unconsummated makes no difference. It is a valid marriage. It is not child's game . Due legal procedure would be obeyed by court. Consult me on phone. Get my no from Vidhikarya.
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Vidhi Samaadhaan Vidhi Samaadhaan

Gopal Bansal

Responded 5 years ago

A.Dear concerned,
Although there are a number of ways to get rid of such kind of married life, but the easiest one is to file a petition u/s 12 (1) (a) of the HMA, 1955 for the nullification of marriage on the ground of her mental impotence, because as per your sayings, she has clearly stated that she is not interested in married life which amounts to her mental impotence.
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Vidhi Samaadhaan Vidhi Samaadhaan

Nirmal Chopra

Responded 5 years ago

A.U can apply for divorce on the ground of desertion and u can also seek waiver of statutory period of 1 year required from marriage before filling divorce petition. If court refuses to allow waiver of mandatory one year minimum period required from marriage, u can seek waiver of same from supreme court as only supreme court has the power to waive it off.even high court does not enjoy such power.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 5 years ago

A.Dear Client, you did right thing to lodge FIR, yes you can file a petition after consulting a lawyer for annulment of your marriage. you may contact for
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you can file a divorce by mutual consent for both of you. It is very easy to u . You should wait till one year till completing one year of your marriage
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Manu A

Replied 5 years ago

Sir,
Further to the missing, police has recovered a mail which is sent by my wife to her father stating that" she had told several times prior to marriage that she was not interested but they have compelled to get married and because of which she s moving out." Will that be of any use..? Bcos I have already wasted 6 months with her in which she had never acted as my wife even a single second. Now if i have to wait for 6 more months is like punishing me for some mistake which I have not committed.

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Rameshwar Dadhe

Replied 5 years ago

Dear under Hindu marriage act you cannot take divorce to till one year

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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.your wife was forced to marriage, she should file a case for nullify the marriage not otherwis or both of you can go to court for mutual divorce after one year if you not consumate. for details pl.contact an advocate through vidhikarya..com
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Manu A

Replied 5 years ago

Further to the missing, police has recovered a mail which is sent by my wife to her father stating that" she had told several times prior to marriage that she was not interested but they have compelled to get married and because of which she s moving out." Will that be of any use..?
Bcos I have already wasted 6 months with her in which she had never acted as my wife even a single second. Now if i have to wait for 6 more months is like punishing me for some mistake which I have not committed.

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