File for divorce on grounds of mental cruelty
2) you ought to have filed suit for declaration that marriage is void within period of 2 years of attaining majority . Since you did not do so file for divorce now
3) your govt job would not be affected
Divorce or voidable
Sir I got govt job on unmarried basis because of my child marriage and my wife did not want to come to my home and has never come till now.She and her family members never attended our social programmes and sorrow assembly after many times invited.My family members requested her and her family members to add her name to our govt documents such as ration,aadhar, bhamashah and voter cards etc.But they thretened our family members that if so done, fir was lodged against you because child marriage not valid. Our village panchayat head quarter falls in their village.They said,"your and our relation has ended.I had to write unmarried because of this compulsion.They had threatened us for lodging fir many times.She is more qualified than i am.She has failed in her all competitive exams.Now she wants to get govt job on divorced basis because of relaxasion.She lodged fir against me and my family at once after failed in all exams.She neither met me nor talked to me directly and indirectly in life.I saw her at woman cell first time.They demanded 10-15 lac.When i could not give, they threatened me to sign on false agreement to live with her for withdrawing case otherwise my job was ended whose a video i have.The police gave final report on unfounded allegations and her misunderstanding.She declares herself in her all govt documents.Because of this case,my all family under pressure was hospitalized and also me and now under cardiologist treatment.We were betrayed and deceived by them constantly. Now i want to seperate from her. 1.What should i do now? 2.Should i go for divorce or voidalbe? 3.Can i get this child marriage void because of constant deceive and desertion? 4.Can my govt job be affected?
Asked 8 years ago in Family Law
Religion: Hindu
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12 Answers
Hello,
You should file a suit for declaring the marriage as void until and unless your child marriage took place in furtherance of some customs.
Yes you may get the same nullified,
and it will bear no effect on your government job.
Regards
1. File a suit for divorc e with an alternative prayer for declaring marrige voidable.
2. Since you were aware of this child marriage you can not take the plea of declaring it void anymore.
3.No, your job would not be affected
I am 30 years and she is 26 now. Can i get compensation and file any case against them for mental cruelty and threat?
Asked 8 years ago
It is not advised that you go ahead and file such case, because practically speaking you will just end up spending time and money with no result on shorter duration .
Regards
You have to file for divorce now
2) wife refusing to stay with husband amounts to mental cruelty
3) since wife has deserted husband you can also file fir divorce on grounds of desertion
4) you would not get compensation
Sorry, no case for compensation can be filed against them.
1. Child marriage is void at law. You should file an application praying for declaration that your marriage being a child marriage is void at law.
2. You can not file an application for annulment of marriage because you have attained adulthood more than one year back. Since there is no valid marriage, there will be no divorce.
3. The child marriage is void since it is a child marriage which is illegal.
4. You can take the plea that you were a child when your parents had forcibly arranged your said marriage and you have already filed a petition praying for declaration that it was a void marriage. On the said ground your Govt. job is not likely to be affected.
1. You just get out of the void relationship and file an application for declaration that your said child marriage is void at law.
2. If you file a case, they also will file a counter case for which none of you shall be benefited.
3. Just get out of the relationship by filing the above declaratory suit.
Hi, as per Hindu marriage act the child marriage is void in eyes of law .. Moreover she never stayed with you , so the marriage never consumed .. It cannot be termed as a legal marriage .. Thier demands are illegal .. If she has filed any false case , file for its quashing in high court ... There is no need to get tensed and fight for justice
You can file a divorce case on the grounds of mental cruelty.
Divorce.
The steps to declare the child marriage should have been taken within one year from the date of the knowledge, it may be too late for that.
Your job will not be affected until you report this matter to your employer
No compensation can be sought from them since your parents are also involved in this marriage.
If child marriage is in practice or prevelent in your community then you will not be punishable for solemnization of a child marriage however according to the PCM act only Guardian of the child should be punished for organising a child marriage. In your case your wife has attend age of majority there for she cannot initiate any legal proceeding against you. According to PCM act for initiating the criminal proceeding against child marriage it must be initiated during the subsistence of the marriage and when both parties to the marriage are minor. in your case no party to the marriage is minor there for criminal proceedings cannot be initiated. if she files in a criminal case against you on the ground of child marriage you should approach the high court under section 482 of the code of criminal procedure for quashing of the legal proceeding.
