Annulment of marriage and safeguarding against false allegations
I got married on 7th Dec 2014 in Faridabad and my marraige has been a disaster. My wife is a working professional too and earning good.
There have been several issues:-
Out of these 7 Months she has hardly stayed with me for approx 2.5 Months, her parents will call her again and again to their home for different irrelevant reasons.
She will never spend time with me and hardly talks.
She will fight on small small issues and have shouting and Anger Problem.
She will share everything which happens at our home to her home showing different context altogether.
She has zero dedication towards my Home and Parents.
I am living sexless marriage and have zero physical relation till date.
Now things are in open and her Parents have even stopped picking our phone. She has finally left my home 1 month back .
I am sure they are into something and must be planning for some serious step.
Please guide what should be my immediate step to safeguard my self from False Allegations in Future and get my marraige Annuled.
PS: I did one mistake recently, out of frustration have sent couple of bad sms in past few days. I have also sent am email to her parents explaining everything in detail but no response.
Asked 2 years ago in Family Law from New Delhi, Delhi
1. See there is no way by which one can get protect himself from false cases as no law prohibits lodging a complaint, true or false.
2. In the meantime inform the local police abut the chain of incidents happened so far.
3. Since you do not want this marriage anymore file a suit for divorce.
4. There is no ground available in your case by which you can file suit for nullity.
1. If your marriage has not been consummated then you may apply for divorce against her.
2. If she files false cases for dowry violence and domestic violence against you then you should apply for bail immediately to avoid arrest. As is the practice, your wife may bring the charges not just against you but also your parents.
3. It is not clear as to what you mean by "bad sms". The content of the smses is germane to decide whether and what charges she can level against you. It is not desirable to do something which creates evidence against yourself.
Hi bad sms means I didn't abused but called their family cheap and said they are after my money.
Asked 2 years ago
1) it is better you wait for expiry of period of one year from date of marriage and hen file for divorce on grounds of mental cruelty
2) refusal to have sex amounts to mental cruelty
3) you can file for annulment on grounds of impotency but it is difficult to prove
4) your wife will deny that she is impotent and that you had refused to have sex
5) if wife files false 498A case apply for anticipatory bail
This does not expose you to any prosecution.
Hi, if you does not have sex with your wife then there is no solemnization of marriage so you can file a petition for divorce on the ground of nullity of marriage.
Secondly, you have to file a nullity of marriage with in 1 year of your marriage.
1. First of all lodge a police complaint before your local police station under copy to S.P. alleging her and her family member's demanding money from you with the threat to lodge complaint u/s498A of IPC if you do not pay them the demanded money,
2. After that negotiate with her for MCD to be filed after one year of her staying seperately. You two can also show that she left your house just after one week of marriage,
3. In case of MCD, the application will be didposed of with the decree within 3 & 1/2 months,
4. If she refuses to agree for MCD, file a divorce suit after one year of completion of your marriage. This case may take 2 to 4 years depending on how is she contesting the case.
You shall have to take the stand that she and her parents demanded money from you with the threat of lodging 498A complaint for which you have already lodged a police complaint as suggested in my earlier post.