• Nullity petition filed on the ground of force

Hi,
I have a question that my husband has filed a nullity petition in the family court on the ground of force. He filed this case after 10 months of marriage. Me and my husband met through a reputed matrimonial website, after that we met each other in person and liked each other.  he said that he finds he a very bold and confident person and wish to marry me. he made physical relations with me promising me marriage. we started live-in relationship. after a month when he was bored of me he started denying marriage and asked me to leave his house. As I felt cheated I approached Vanita shahya Counselling centre for counselling and they promised to help me. they gave me a notice and asked me to hand it over to the inspector of nearest police station from the house I live in. I went and gave the notice to the inspector to be served but she detained me and asked what has been the problem. I told her everything, she spoke to my husband and asked him to come to the police station. he reluctantly came. when he was asked has he made physical relations with me with promise of marriage he disagreed and later on agreed. inspector told him if you dont marry her i will put u under a rape case. but I didnt file any complaint of rape or any charges against him. I just wanted to seek a professional help to know my rights and someone to put some sense in him.
in front of the inspector he promised to marry me within 15 days and gave that in writing.
Later we started staying together with each other but he didnt let me leave the house and go to my mother's place because he was afraid if police comes and interrogates about me.
after that 15 days passed we didn't marry but we were staying together.meanwhile after three months of his giving in writing to marry me, I got pregnant and he decided that we should marry as he didn't want me to abort the child and we married within fifteen days according to hindu rituals in presence of about 150 people. his family also participated in it as they also wanted the child. seven close members of this family were present because he has a very small family.
We got married and i came to bangalore. After few months he started harassing me and abused me physically, mentally and emotionally during my pregnancy. may baby was born after six months of marriage but he still continued his torture he beaten me severely after 10 days of my surgery and my stitches got opened but i didnt file any complain against him because i wanted to save my marriage and my child was only 10 days old but I warned him that if he don't stop his violence I will file a DV case against him.
He got terrified and without letting me know and at the same time living with me, he filed a Nullity case against me under section 12(1)(a). even after filing the case he lived with me for 1.5 months and told me that filing of case to be a defensive act to protect him against arrestation if ever complained. On the very first date of hearing of the case I appeared with him in front to the principal judge and he asked me to take a long date and promised that he would take the case back on the next date.next date was after 2.5 months. Meanwhile I had to come to my home town for my sister.s marriage. he attended my sister's marriage with his sister and would be brother in law. He flew fr0m Bangalore to Lucknow for the marriage and his sister came from Kolkata to attend the wedding. Meantime after my sister's marriage I started staying with my mother as she is suffering from cancer third stage and had no one to look after her.After staying two months with my mother I asked my husband that I would like to come back to Bangalore but he said you should stay in Lucknow and take care of your mother.Meanwhile I had my second date in the court for which  didn't appear and I was exparteed but my husband went on with the case. he lied to me that he would take the case back and I should not engage any lawyer and waste money. I followed what he said because I didn't want to offend him and I was keen on saving my marriage. he took dates on dates but lied to me each time when I asked what happened in the court. later he stopped taking my calls and his parents were also unreachable. I doubted something fishy. I inquired about the status of the case and to my shock I came to know that he has appeared on every date in court and the case has proceeded, he has also filed his evidences.
He lied to my everytime , he always convinced me that he would not leave me and my child.
Now, the situation is I will appear on the very next date and file a vakalat and objections. his motive to debar me from coming to Bangalore was to get the case expartee.When I finally asked him that I want to come back and fight the case he said that he will not stay with me and my child and also asked the landlord to not let us in.
I made several attempts to reconcile but he is adamant on leaving me but wants his child.
I really Really want to save this marriage because of my son because he is only 11 months old.I am living with my mother past 5 months now because he has denied to maintain me and my child.
It has been 1.5 years of marriage. When I married I was 28 and he was 30.
His petition quotes that I married him threatening him of legal terrorism. He has accused that I blackmailed and tortured him emotionally and mentally and also I have given him threats to put him under a rape case and threat of committing suicide. But I didn't do any such thing.
We married with mutual consent of families and both of our family were present at the wedding. moreover, marriage was a grand one with marriage cards printed and all.
Plz advise what will be the most appropriate step that I should take, keeping in view that I want to save my marriage but he is adamant on leaving me and wants his single status again.
Please suggest soon as I have my date around the corner.
Will he be able to get nullity on the ground he has filed???? 
Thanks in advance
Regards
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. Do not waste a single days time and appear in the case to contest the same by filing your reply.
2. Since you have lot of proofs like photographs, videos and mutual cohabitation for such a long time his case will not lie.
3. File a case under PWDV Act to claim maintenance for yourself and the child.
4. You can go to his house and strat residing there. He can not force you out.
5. Do not go for divorce suit from your end just now.
6. You can think of filing 498A case if marriage does not survive after some time.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You should have engaged a lawyer at the outset to preempt any adverse outcome. 

2. You cannot file the vakalat, only your lawyer can.

3. Since your attempts to reconcile with your husband have failed, the only way for you to save the marriage, which is what you want, is by contesting his case in the court through your lawyer. 

4. That you warned of the filing of a rape case against him prior to marriage is immaterial after the wedlock.  

5. You may also file a case for child custody to keep your child with him.

6. If you contest his case fittingly in the court he may not be granted nullity of marriage.
Ashish Davessar
Advocate, Jaipur
18260 Answers
450 Consultations
5.0 on 5.0
1) you should on next date appear in court . 

2) appoint  a   lawyer . let  lawyer file his appearance . 

3) contest the petition filed by your husband for declaration of marriage as nullity . 

4) in your reply deny all allegations made by your husband . marriage has taken place with his consent . attended by all members of family . 

5) also file domestic violence case against your husband . 

6) seek right to stay in matrimonial home .

7) also seek maintenance for yourself and son and also compensation for mental torture you have undergone .  

8) if your husband refuses to permit you entry in the house approach nearest police station and lodge complaint in this regard 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1.	Appoint a   lawyer immediately  and file a petition to set aside the exparty decree and restore the case.  And should contest the petition filed by your husband for declaration of marriage as nullity with ample evidence in your hand
2.	File a petition under Domestic violence act to seek right to stay in matrimonial home. And ask for maintenance for child and yourself.
3.	Try for a mediation talk and settle the matter amicably ,try to talk with his  parents  
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. You have made series of serious mistakes in connection with your marriage,

2. He did not want to marry you but still you insisted for the marriage. You should have filed a rape case for having s*x with you with the promise of marriage and then denying the marriage and taught him a good lesson which you did not do. You marriaed him after police intervention  knowing fully well that he is not willing. You stayed together with him and indulged into physical relationship and concieved after going to police,

3. You should have recorded all his cruel acts and filed 498A complaint which you did not do,

4. In place of wihdrawing the annulment petition he made you asking for a long date and refrained you from attending the Court which he attended causing huge loss to your defense,

5. Even after all these acts of your husband you are giving reason for your inaction as 'I wanted to save te marriage'. You were refusing to accept the reality that it was your blunder to marry him and there is nothing to save since there was no real marriage of hearts,

6. You slao should not have asked for his permission to go to Bangalore. You should have entered into his flat at Bangalore which nobody including him and/or his landlord  can stop him from doing since you are his legally wedded wife,

7. Now, go to bangalore and before entering into his flat visit the nearest police station and lodge a complaint stating that you fear that your husband and/or his landlord may physically prevent your legitimate entry into your matriminial house,

8. After that stay at Bangalore and lodge a 498A complaint agsint him,

9. You can also file a DV case seeking residential right and maintenance,

10. If he proposes, agree for mutual consent divorce after being substantially compensated.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. In your case there is no chance of declaring the marriage as null and void.

2. He does not have sufficient ground to declare the marriage as null and void.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) your husband won't get decree that marriage is null and void

2) your husband married you after discovering you are pregnant

3) marriage was solemnised in presence of family members 
4) if he had been forced to marry you then it would not have been a grand affair with 150 guests
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
1. He has no ground to seek nullity of the marriage,

2. DNA test will prove that you had child through him which can not take place by applying force,

3. There are other evidence also to prove that you two stayed together for years before marriage and the marriage photographs will also prove about his willingness to marry you,

4. Moreover, he has ample scope to lodge police complaint after marriage against those people who applied force upon him to marry you which he has not done,

5. His said application for annulment of marriage is expected to be rejected if you contest it fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. It can certainly be granted if your husband succeeds in substantiating his allegations. You can contest his case fittingly to see that it does not happen. This is the utmost you can do.

2. He does have grounds to get the divorce, but the grounds have to be proved in the court.
Ashish Davessar
Advocate, Jaipur
18260 Answers
450 Consultations
5.0 on 5.0
From the plain reading the ground for nullity alleged is not sufficient for getting a Divorce.You have ample evidence in your hand to disprove the nullity.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hi, it is not a case for void marriage, you have a good case on merits but one thing is remember you have to contest the case on merits.

2.  Normally court will not allow the this kind of petition and ground urged is not satisfactory to grant divorce on the ground of void marriage.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi,

he don't have ground for nullity. But you have to contest the case and make out your case before the Hon'ble Judge. Do not waste any more time. file application for recalling the Ex-parte order, explain the reason why you failed to appear before the court all these days and take control of the case and contest the same. along with that you file Domestic Violence case and apply  for maintenance.

As you said the next date of hearing round the corner, if you cant hire advocate in time, you personally appear before the court and seek time to appoint Advocate. 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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