Yes, you can say whatsoever false allegations are raised against you. The asking judgment for annulment that different thing and flase allegations of impotence is different thing.
Special Marriage Act section 25
I have been married in January 2019.My wife has filed marital suit under special Marriage act 1954 (we both are hindi adults but because our registration happened before hindu Marriage ceremony) u/s 25 which states annulment of Marriage due to willful refusal of conjugal life by partner. But in the suit her lawyer not only mentioned my impotency, concealment of impotency but also dowry, verbal abuse, mental cruelty. In short every aligation that can be done. Point is I also don't want her back and want this Marriage to end. Divorce , annulment both ok for me. Based on this statement of mine, few lawyers here is suggesting me not to fight the case and let the judgement be ex parte. One lawyer also mentioned that if I fight the case then by winning will mean the annulment case will be dismissed. What I tried to say is , I can not contest this case by claiming her aligations are wrong and at the same time asking for annulment same like her. Either she will win with annulment or I will win with jo annulment. 1. Is it true? Can't I say I am not impotent, taken no dowry, no verbal mental cruelty but because of her willful refusal of conjugal life I am asking for annulment too. It's not possible? 2. I fight the case and she wins what will happen? (In immediate verdict as well as in future) 3. I fight the case and I win what will happen?(In immediate verdict as well as in future) 4. I do not contest the case... What can happen?(In immediate verdict as well as in future)
Asked 4 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
18 Answers
1. See in case you defend the case and her allegation are proved wrong her petition shall be dismissed and marriage shall not be annulled. The thing you are seeking by denying is not possible.
2. Marriage is annulled if the allegations are proved right.
3. The case shall be dismissed.
4. Court on her petition shall decide and can give order of annulment.
if husband is impotent wife can file for annulment of marriage on said ground. if you are not Impotent then you both have to file mutual divorce.
1) deny allegations made in petition filed by wife
2)if you deny you are impotent and wife fails to prove allegations her petition would be dismissed
3) you can file for divorce by mutual consent
IF you will refute her claim, court will decide on merit and evidence and may dismiss petition.
If she won than you will proclaim impotent.
No annulment of marriage if you won. than you have to file for diovrce.
Don`t contest and let court pass ex parte order. No complication to you.
1. Thanks to all learned lawyers. I apologise for my ignorance in legal matters but if sir Yogendra Singh Rajawat (or anyone who is suggesting the same , as many in my town are saying the same) kindly let me know how letting this case (special Marriage act u/s 25 but mentioning/blaming impotency, concealment of impotency, dowry, verbal abuse and mental cruelty) be passed as ex parte by court will not affect me or no complications will be there to me? Even if I ignore being impotent on my annulment paper, they can moreover file 498a, DV, huge alimony cases based on this verdict and my non participation as acceptance, right? kindly Correct me if I am wrong. 2. I really don't want to extend this Marriage at all. Now I am feeling so trapped. Fighting this case will make me compell waiting for many months and again filing divorce, and not fighting this case will give them our acceptance of dowry, impotency, concealment of impotency, verbal abuse and all that they have mentioned.
Asked 4 years ago
In previous session i informed you if ex parte order passed agasint you on alleged grounds, she may file other cases to claim expanses incurred on marriage.
But in your case she herself not interested in marriage and want to get rid of this marriage anyhow, so i don1t think she will file false cases except she misled.
IF you really want to get rid of this marriage peacefully, talk to them, say you are ready to matter decided ex parte but ask them to give in written that she was not subjected to cruelty and dowry demand.
1. See leaving ex-parte the court may consider all allegations against you true which in future you ex-wife or after remarriage your new wife may use.
See at this stage best option is to come to settlement and go for a mutual divorce.
1) it would affect your remarriage
2) any prospective bride would like to know reasons of anullment of marriage
3) if it is granted on grounds of impotency which girl would marry you
4) your wife is at liberty to file other cases against you
5)best option is to file for divorce by mutual consent
Yes you need to deny her claims because if you don't refuse to her claims in court then the annulement will be due to your fault then you may have to pay maintenance to her.
Nothing will happen her allegations will be proved against you and it can defame your image in future.
You will have the proof that her allegations are wrong and marriage got annulled due to her fault.
The decision will be Ex-parte which means you are aware of the allegations she levelled on you and you dont want to defend the allegations.
Within one year if you're going for annulment, so it will be not go for alimony or maintenance.
You need to accept one of the above option only
1. The grounds of annulment of marriage can be impotence alone and not the dowry harassment etc., they have been added just like that without any valid reason because they do not constitute the reason for annulment.
You have to contest her case otherwise you will be tagged with impotence forever which will become a problem for your future.
If you have to file an annulment petition, you may have to file it separately that too within one year from the date of marriage for the reason that she is not willing to have conjugal relationship for the reasons known best to her and your marriage has not been consummated.
2. If she wins you may prefer an appeal and try to get the lower court order set aside.
3. She may prefer an appeal or not will be her decision, but you do not have to pay her maintenance.
4. If you do not contest the case she may get an exparte decree in her favor leaving a permanent trademark on you as 'impotent'
1. She may file a recovery suit to recover the amount spent on marriage by exaggerating the amount, if you do not contest the case and she gets an exparte order.
2. It is up to you to decide, if you do not have patience at this stage then you may be losing your future itself, hence better take the advise of any senior and experienced advocate on this in the local before taking any decision in haste.
Thanks a lot for your kind and knowledgeable suggestions Mr. T Kalaiselavan. I have decided to fight the case. 1. If I contest and loose, she can claim cost of marriage and that too of any amount like 15-20 lacs. And as I have lost court will grant whatever amount she will appeal as cost of the Marriage? 2. If I contest there is a very less chance that this case will end before the one year timeline, so I don't think have much hope of filing an annulment case from my side even if I wins this case. So in that case again the only option is to go for the long term spiral process of divorce, right? 3. They have not mentioned about any monetary claim in the annulment suit they have filed, but they can claim it while the proceedings right? Or after they win they can file another suit only to claim the Marriage cost as compensation right? In that case , on what ground can I contest that claim of compensation? Can I say the regular argument of my similar average salary like her only, my retired parents dependency on me, my actually zero savings in bank accounts- will court consider these for compensation also as they do at the time of alimony?
Asked 4 years ago
Not whatever but due compensation will grant to her.
Better contest the case, later can compromise and can file MCD.
Expanses can be claim later even after divorce. A jobless husband cannot deny maintenance to wife,
1) court would not award marriage expenses to wife
2) contested divorce cases take 5 years to be disposed of
3) wife can claim alimony or compensation in annulment case
4) court considers your income , wife income , standard of living , dependent parents in determining alimony payable
1. She can't claim costnof marriage at the most she can claim alimony. Cost of marriage if any will be divided in two.
2. Contested divorce don't have timelines.
3. They need to claim the same in writing before the said court.. You can object the same one the said grounds mentioned by you in point no 3
1. No.court shall decide based on the bills produced and amount court deems fit.
2. Yes you have to file for the divorce.
3. Yes see can file an application for same. See you have to contest petition and further also can contest the cost that you spent equal amount towards marriage and the allegations are false.
1. The annulment petition will deal with only the decision of annulment and not for the money that has been claimed by her, she may have to file a separate petition for recovery of the money spent by her by producing the documentary evidences for the same.
2. It is your own thought about it, it may be or may not as you opined.
3. No they cannot claim the same during the proceedings especially they have sought the relief of annulment alone and not any other monetary relief.