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 in Family Law from New Delhi, Delhi
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
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.
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.
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.
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 months ago
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
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.