Will marriage be nullified if couple stays separately for two years
My husband sent me to my parents house just two months after our wedding regarding a petty issue and said he will take me back after both our elders sit together for talks. Its been two years now that I am in my parents house and trying to talk to them but they either don't respond or run out of the country all the time. And now after two years my mother in law says that she want to break the marriage. My husband wont speak anything and try to escape saying he doesn't know anything. Is there any way they can nullify the marriage since I am out of their house for two years(though I am in touch with them through phones, emails and met them many times in person to convince them to take me back) according to Christian marriage act? I have handful of people who went and tried to convince them to take me back but they abandoned me for no reason. What is the best step I can take in this hopeless situation? Any case I put up would only give them a chance to file a counter case and apply for divorce(which they are waiting for). How should I deal these people legally?
Asked in Family Law from Hyderabad, Andhra Pradesh
No he cannot seek nullity of marriage in the given scenario. However, your husband may file for divorce against you. Your legal remedies lie in seeking a right to residence in your matrimonial house under Domestic Violence Act. Legally speaking, till the time divorce is granted by the court you cannot be removed from your matrimonial home. You have sufficient legal remedies but the prerogative to pursue them is yours. It is true that your husband may file a case of divorce against you but you will get sufficient opportunity to contest any such case fittingly through your lawyer.