• 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 3 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) file for divorce on expiry of one year of marriage 

2) has your marriage been consummated ? 

3) is wife still a virgin ? 

4) has wife suppressed material facts st time of marriage ? 

5) it is necessary to know detailed facts of your case to advise 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
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Since your wife claiming she is virgin, it means admittedly marriage is not consummated.  The marriage is null and void and you have good ground to defend and disprove all her cases. You have to approach concerned family court to declaring the marriage null and void.   
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
If the marriage has not been consummated owing to her impotency then you can file a nullity case for annulling the marriage on the said ground by passing a decree of nullity. 

Her statement that she is still a virgin shall be utilised agaisnt her for filing this annulment case. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
If the wife has attributed her virginity to your inability to consummate the marriage then she is the one who may file for annulment, whereas you may apply for dissolution of marriage on the ground of cruelty as a wife who files false criminal complaints against her husband commits cruelty on him which is actionable through a petition for dissolution of marriage.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1) file for  divorce on expiry of one year of marriage on grounds of mental cruelty 

2) obtain AB from sessions court in false case fined by wife 


3) contest false case filed by wife on merits 

4) contested divorce cases take  5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
If you have decided to withdraw the judicial separation case, it is your own decision. 
You can file a divorce petition and do not be under misconception that this will drag on for 10 years, it can get disposed within 3 years too. 
The divorce case can be filed under the grounds of mental cruelty too.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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