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Venkat Ramanan C   24 June 2024

Nullity of marriage vs. rcr

I am husband and filed for nullity of marriage and divorce (under HMA section 12 and 13-IA) due to the fact the refusal from wife side to consummate the marriage and wife filed for RCR. Both cases are pending before different courts. My case for nullity and divorce is in mediation stage and My wife's RCR case is in Batta stage. Now my questions are,

1. I am staying in Bangalore for my work, but my permanent address is my native address. They are sending summons to my permanent address. Even though in my case I have clearly mentioned that even though that is my permanent address, I am currently in Bangalore due to my work. Even last time when they try to serve the notice, I was not available at my native and they didn't give it to my mother who is staying in my parmanent address. Shall I wait until they serve notice to my current residence?

2. As the nullity of marriage case is pending before the sub court, Shall we make a request to stop or pause the RCR proceedings that is happening in Family court? Because to get RCR, conjugal things should have happened and marriage should be a valid marriage in first place. If so, what is the procedure to do this?

3. In my current situation, my wife is accepting that all are her issues, telling whatever she did all are wrong and asking for one more chance to check. What are all the precautions should I take to prevent any future issues like criminal cases like 498A etc., if at all I am willing to continue and give one more chance?

4. I know that there is no legal validity of prenup (pre-marriage agreement),But in my case if we are making such agreements before mediation center, for example: if any similar issues happen in future, she should give mutual divorce etc., Will it be valid in-front of law?



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 June 2024

1. Since you are already attending the same court for your own case,  you can ask your advocate to keep a watch over it and arrange to file vakalatnama on the date of hearing so that you can prevent her from obtaining an exparte order against you. 

2. You can't do that. 

She has rights to file a case against you like you. 

No application of this nature will be entertained by court. 

If you have grievances you may have to participate in that case record your objections accordingly. 

3. You can decide all those in the mediation session. 

4. No such agreements are enforceable in law. 

Dr. J C Vashista (Advocate )     25 June 2024

1. No, Court shall not issue notice at your current address and you should attend the case 

2. She can file RCR case and court shall not club both cases.

Did you discuss with your wife consumation of marriage ?

3. Indian laws do not have provision for precaution.

4. Vague and imaginary situation.

Venkat Ramanan C   25 June 2024

Originally posted by : T. Kalaiselvan, Advocate

1. Since you are already attending the same court for your own case,  you can ask your advocate to keep a watch over it and arrange to file vakalatnama on the date of hearing so that you can prevent her from obtaining an exparte order against you. 2. You can't do that. She has rights to file a case against you like you. No application of this nature will be entertained by court. If you have grievances you may have to participate in that case record your objections accordingly. 3. You can decide all those in the mediation session. 4. No such agreements are enforceable in law. 

Thanks for your reply Kalaiselvan and Vashista sirs.

#1 - At any point, court should intimate/summon me personally about the case right? Both cases are in different courts.

#2 - How about getting injunction order from High court based on below points?

 - My wife only left my home and it is been 1.5 years, after that we took lot of efforts including legal notice to come back, but she didn't even respond to the notice. So as per HMA u/s 9, only the affected party can claim RCR. And also, there is no clause in this section to initiate s*xual relationship, instead only you can restore the relationship which was present before.

- Also as per HMA u/s 23(1)(A), nobody can get any releif under law by taking advantage of own wrong or disability for the purpose of relief. Here due to my wife's incapability and non-cooperation only my marriage is still unconsummated.

- So to provide RCR, first s*xual/conjugal relation should exists between both. That has to be proved and for that my nullity of marriage case should be finalized.

#3 - What is the legal validity of any aggrement or MOU getting signed in mediation center? What if some terms are aggred now and later they are not following the same.

T. Kalaiselvan, Advocate (Advocate)     25 June 2024

The court will send summons to the address given in the petition by the petitioner.

The MOU between two individuals is just for their reference alone, it cannot be enforced in court of law if it is executed by an unregistered document, but it may be an evidence. 


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