• Null and void

I was married in the year 2018 September, and in the first night itself I knew he was having issues with erection but he told it was out of stress and excitement. 
After that also we never had any physical relationship. On my constant request he agreed to meet a urologist sexologist and doctor prescribed medicine which he never consumed. We met another 3 doctors and again he didn't consume medicine. Instead he complained about me to his parents and all started mentally torturing me for a mutual divorce and leave the house. Our marriage is not consummated due to his erectile dysfunction. 

They even brought my parents into the scene and asked for a divorce. When my parents asked my gold jewelry back the said hold can be returned only after I sign MCD. I tried alot but they didn't compromise. 

They returned all my things and certificates along with my identity proofs and took signature of my father on a paper saying we received all things and certificates from them. 

Later I met an advocate and filed for 498A along with 406,420and 323 sections and domestic violence case in my home town Chennai. They were given notice to appear before the investigation officer and take AB but they didn't respond.

I got to know from another source that they are misusing the my father's consent and signature on the paper.. 

My husband is planning to leave the country which I got to know and I filed Case to impound his passport and court accepted the same. 
They are now spreading rumors that I am mentally sick where I am highly educated and was working as a College professor. 

My questions are:

1. Can I file for Null and void showing his impotency as a reason?? I have full proofs of his medical reports. 

2. My advocate said if we file for Nullification it will be easy for my husband to quash 498A. Is this true?? 

3. Will the written consent of my father and his signature can be miss used by them against me.??

4. Can they use it as evidence against me by adding something else into it like they gave all my jewellery and my father accepted the same?? Or my father accepted that I'm mentally ill?? 

5. What all documents are required to file for Return Of my gold jewelry?? 

6. What if he ignores my divorce petition like he did in case of 498A Summons for appearance?? 

7. If I cannot file for Nullification then in what ground I can file for divorce?? 


8. Husband is a native of Banglore and I am from Chennai.. Marriage was held in Chennai. If he files for MCD in Bangalore, Can I Transfer the same to my Hometown?

Kindly reply 


Thanks in advance
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

Court will annul the marriage as not been consummated owing to the impotency of the husband. Null.

NO,

NO, such letters are common due to pressure and to deal with situation for safety of daughter. Letter given under protest.

Can be misused but your father be having copy of it, ? If no still can`t use agasint you.

Bills of Jewellery.

If he will not appear, court will pass ex parte diovrce, and police will arrest it not appear before it. 

Attach medical prescription, court will declare marriage null.

Yes.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You can file petition for declaration that marriage is null and void as husband is impotent 

 

2) it would not be easy to quash dowry harassment case 

 

3) your father signature and admission that you have received all your articles would weaken your case 

 

4) it is necessary to peruse documents signed by your father to advice 

 

5) you can file for divorce on grounds of mental cruelty 

 

6) husband refusing to have sex amounts to mental cruelty 

 

7) if you withdraw your consent for MCD it would be dismissed 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hello Madam,

The marriage is void if the marriage has not been consummated owing to the impotence of the other party. 

Therefore,

1. You can file a petition under section 12(1) (a) of the Hindu marriages act, to nullity of marriage.

2. Entirely different , seeking divorce under the above said provision will not affect the 498A petition but you have to plead their dowry harassment in the divorce petition also. If you failed to mentioned such harassment it may give benefit to other side.

3. Your father's written consent letter will not affect the case, you may plead that the same had been obtained as compulsion. 

4. It cannot be,

5.Insist the Police official to register the FIR and give pressure on them to return the jewels. Once the FIR registered they will approach court to AB, you can intervene the AB proceeding and seek return of jewels.

6.You will get remedy easily by way of exparte decree.

7.Can file for nullity of marriage, the documents you have fair enough to prove the case.

8. If he filed any case in Bangalore, you can seek transferred the same to Chennai court. Definitely, it will be transferred.  

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

1. Yes, you can file a petition praying for a decree oif annulment of your marriage on the ground of his impotency and also on the ground that the vital fact that he is impotent was suppressed from you while taking your consent for the marriage  and had the said fact ben made known to you , consent for the marriage would not have been given by you.

 

2. I do not agree with your Advocate's opinion. Even after getting the decree of divorce 498A complaibnt can be lodged. Both are two different cases.

 

3. What consent has been given by your father? It is of no value since it is you who has married your husband and not your father.

 

4. The different handwriting of the added matter can be detected by hand writing experts.

 

5. You have already filed police complaint u/s 498A and 406 of IPC, Has FIR been registered against them? If yes, then they are not expecxted to get AB without returning your Streedhan. You shall have to submit the evidence of your buying the gold items i.e. the cash memos.

 

6. If he does not appear before the Court even after getting the Summons multiple times, he will be arrested by the police and presented before the Court for trial.

 

7. You can file petition praying for annulment of your marriage as advised above. However, for divorce you ca  show cruelty as the ground.

 

8. You can file the case at Chennai but once filed at Bangalore, it may not be posible to transfer the case to Chennai.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear Client, 

1). You can nullify the marriage under Section 12 (1)(a) of the Hindu Marriage Act with medical evidence. 

2). Not effects of  Section 12 (1)(a) of the Hindu Marriage Act on section 498-A of IPC. so you can both.

3). At the time of file complaint, you have to mention this fact that written consent was by threat or coercion by them.

4). You can also evidence regarding your health certificate by Doctor regarding mental illness.

5). You have to give proof regarding the purchase and wearing picture at the time of marriage. 

6). Yes, he will get a summons for appearance before the court.

7). On the basis on the Cuelty (physical as well as mentaly), demand of dowery and Domestic violance etc.

8). Yes, you can transfer it.

You may call or mail me through KAANOON for more detail.

 

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

1. As of now not, because you have already filed 498a.

 

2. Yes.

 

3. You can tell by forcefully they had taken signed for written consent.

 

4. You must have one copy with you.

 

5. As per law stridhan should be returned to wife.

 

6. You can provide correct address and ask court to send summons.

 

7. 498a, DV and 125  CrPC.

 

8. Yes, you can transfer case as where last you resides 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Yes you can file. 

2. No. 

3. No. 

4. You file a police complaint stating that your signature can be misused by them. 

5.you need to file 406 ipc for the same

6. You can serve it in his office or do newspaper publication. 

7. Imlotency or fraud is good ground for annulment. 

8. you can transfer it in Chennai

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

you can file a petition of annulment or nullity of the marriage under Section 12(1)(a) of the Hindu Marriage Act 1955 (assuming both of you are Hindu and the marriage was solemnized as per Hindu Law). Section 12 of Hindu Marriage Act is reproduced here under:

1. Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotence of the respondent; or With respect to money spent on your marriage, you can file an application under Section 25 of the Hindu Marriage Act 1955 seeking grant of permanent alimony and maintenance.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The basic question here is that whether you want to live your life peacefully are you want to to be engaged in kind of matrimonial dispute in case you want to get your marriage declared as null and void definitely there will be dismissal of the allegations that you put on your husband and his family's member.

For the purpose of proof that the entire Assets of has been handed over to your father and he has signed the acknowledgement in return

if they ignore divorce petition then you will get ex Parte decree after few dates and after three months after degree you will be free to get married and leave your life so it will be a good option for you in case they are not pressing any case you go for annulment of the marriage based on the non consumation of the marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Lot of questions and clarifications.

Will he be inclined to get the marriage dissolved by mutual consent 

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1.  Yes, you can file a petition under section 12  HMA seeking annulment of your marriage owing to his impotency before the family court in Chennai.

2. No, that has nothing to do with the quash of 498a, that is different crime, you can always object to his quash petition by filing a detailed counter when you get a notice on this from high court.

If your advocate is not guiding you properly you may change the lawyer.

 

3. It is rubbish, dont be misguided on this, nobody can misuse such things, it is not maintainable in law, dont believe such rumours.

4. Tell your father to not to accept them as true when deposing evidence in the witness box in a court of law, in fact this cannot be taken as evidence to prove their case, you can always demand your jewels.

5. You lodge a criminal complaint with the police under section 406 IPC seeking return of jewels, they will do the rest of things.

6. You were planning to file annulment petition and not divorce petition, if he ignores and do not appear before court after receiving notice then you may get an exparte decree in your favor.

7. This is a strong case for annulment, you file in this provision of law alone and that too before completion of one year of your marriage.

8. He cannot file MCD anywhere without you signing the papers, because it is a mutual consent divorce to be filed jointly, hence you need not be worried about it.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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