Nullification of marriage
Good evening. My situation is as follows:
After 8 months of marriage (under special marriage act, 1954) & 2.5 months of living together with wife in my parental home (among 8 months), due to some issues, I sent a legal notice to her for judicial separation (no restitution of conjugal right case filed by both parties). In reply, wife filed case U/S 307, 498A, 34, 46 of IPC, Sec-3,4 of Dowry prevention act & crpc 125 against me & parents. Now interim maintenance order is given by court for crpc case. We had got bail till Nov-16 for rest of the cases. Wife claimed to be virgin still. Any route to nullification of marriage? Or what else should I do?
Asked 7 years ago in Family Law
Religion: Hindu
Thanks for opinion.
Wife claimed that, due to the inability of her parents to give "balance dowry", husband refused to establish "husband-wife relation" as instructed by his parents. Wife admitted indirectly that, they had paid partial dowry (in spite of her father being a PSU employee & dowry is illegal as we all know). I am confirming no dowry & we have signed paper accepting no dowry by both parties (Lagna patra) as proof. Though, in reply of my legal notice, she claimed her husband was fond of "perverted sex", but in court petition, they wrote the initial lines.
We filed Judicial Separation case under HMA, but later find marriage was solemnized under SPL marriage act (we didn't look marriage registration certificate so carefully & didn't have idea about Spl marriage act), so withdraw our petition, thinking that, after one year of marriage, we will directly file Divorce case, instead of changing the Judicial Separation case to divorce case . But, in between police came to house & arrested father. Actually, wife filed case to court, seeking instruction to police to file case against us under the earlier mentioned sections. Police also didn't take their case, as they went on reporting after almost 100 hrs of cruelty incidents occurred, they had mentioned.
For Mr. Ajay Shety: Before marriage wife suppressed few of her medical problems, which was later identified by me, but we are not having adequate proof. One year of marriage is over. Now filling divorce case will create 10 years of waiting. We may have to go for out of the court settlement.
Asked 7 years ago