Can a marriage be annuled ?
Guest
(Querist) 10 August 2014
This query is : Resolved
Hello sir. If husband and wife never had sex and its been 6 months since marriage. There was a willful rejection of wife to deny sex to husband from the first night to last night.
marriage has never been consummated.
Can this marriage be annulled ? or husband is supposed to live a sex less life ?
and what if wife dose not want a annulment ?
Married under Nikha nama - Not registered in any of the Indian acts of marriage.
Devajyoti Barman
(Expert) 11 August 2014
Husband can give triple talaq.
Annulment does not give any special privilege to husband.
Guest
(Querist) 11 August 2014
Annulment means he dose not have to pay maintenance and he is not divorced and nor is the wife .. so they can marry again easily
Divorced means husband have to pay maintenance us 125 crcp
it also means the girl and the boy are divorced and will find it hard to marry again.
Devajyoti Barman
(Expert) 11 August 2014
You seem to have known law better than us.
Please do not ask for our advice then.
And do not open new thread. This is in continuation of your earlier thread which is not permitted here and I missed to notice it too.
Guest
(Querist) 11 August 2014
Ok thanks a lot for your help sir.
i just had these doubts in mind so i thought to ask you people.
Again thank a lot for you time.
And this query was different.. this is a annulment question. That is an 125 crpc question.. so.. But never mind.
However i again thank you for you time. You think i should contact a local lawyer pay his fee and get my doubts clear ? and can you recommend me some lawyers.. i live in Hyderabad. I am deciding whether to marry in india or abroad, seeing indian laws i have my doubts. so before i step into a contract i cannot get out of.. i want to ask the lawyers and get my doubts clear .. just in case if bad things happen to me.
And please dont get me wrong.. i am not here to compete.. i am only here to gain knowladge.
My questions are my doubts..They are serious.. i mean if i earn 60 k How can court allow my ex-wife to get have 20k per month when she is a single person on the other hand i have 2 old parents to take care of , 1 little brother and 1 wife so that 5 people who should live in 40 k and 1 person enjoys 20 k ?
What kind of justice system we live in ?
when the divorce happens due to wife's cruelty and marriage lasted 5 month which was never consummated ?
I mean is indian law system a joke on men ?
Devajyoti Barman
(Expert) 11 August 2014
You should be feel lucky that Indian law is still do not compel husband to part with half of their property in favour of the wife which many western countries do.
So gather some basic knowledge before blaming laws of your motherland , if you are citizen of this country.
Guest
(Querist) 12 August 2014
luckey ? and r u crazy ? western countries have no laws like that.. ill tell you what western countries have.
1. The first law states that on divorce, each spouse will be given 50 % assets and debts of "total" marital property and debts ( assets and debts both )
What dose this mean ? how is this fair ? ill explain you.
1. If the wife has 3 houses and husband has 1 have a house on divorce wife will lose 2 house to husband.. that means law the gender neutral and wife also risk to lose there property
The word "spouse" is used in western law.. Not the word "husband". ( that means the exact same laws apply to both genders)
I can show you a thousand cases where wife lost property in divorces..
2.Marital property.. That means the property which was earned after marriage..Not before marriage.
So if a husband/ wife had a house before marriage and they dint used it as marital asset.. then it will not be divided on divorce as its not a marital asset unless it was not mingled (i.e used as marital asset)
and also that means debts. (i.e) if husband have debts than even half of that debts will be paid by wife and vise versa.
3.Alimony laws there clearly states that the alimony (if any)will be maximum half the length of marriage.
That means if marriage lasted 6 months.. alimony if any.. will be max 3 months not more than that. and even alimony will be gender neutral.. IF wife makes more than husband.. then she will pay alimony and i can show you a thousand cases where this has happened.
And yes.. I have talked to international lawyers also.i know the laws of western countries also How is their justice system fair ? well i just provided you that..even single law is gender neutral..and apply to both husband and wife
and also keep in mind that women's employment rate of usa is 93% and it is more than men's employment rate which is 92.5%. so women are also very rich there .. so there women will also pay price on divorce (if any) and western laws are gender neutral..
also keep in mind there divorce rate in usa is 50% .. that means 1 out of 2 marriage end in divorce.. so if there law was even a little unfair towards one gender there would be mayhem and disaster.
and also in western countries.. they have a option of per-nuptial agreements ( pre marriage agreement in which they can make there own laws and it has to be signed by both parties )
What Indian law states ? well you know that better than me..
1.one day marriage will have life time alimony
six months marriage is also the same.
2.and only 'husbands' property will be divided not wife's.. the word 'spouse' is 'not' used. only husband risk to loose there money and property.. no risk to wife.. and also even if property bought before marriage it will be divided. (law not passed yet)
3.cruel wife will also be given alimony.
4.No option of pre nuptial agreements
5.If husband commits adultery he will be jailed for five years and if wife commits adultery its completely fine ? no charges on her ?
and i can go on for an hour and you know it.
the most unfair law is alimony law which says even one month marriage will have life time alimony/alimony till remarriage...in western countries even marriage of one year can at maximum have 6 months alimony
The laws are highly biased against men and are anti-male laws
so again i state.. India has a long way to go in terms of justice. as of today.. injustice exist in justice system only
I love India too.. but its just a misery to see such bad laws and in Indian law system it self.
And believe me .. if Indian law makers take this seriously.. they can still change these inhuman laws.
forget about me.. i am Indian and i love India .. think what will happen if tomorrow a foreigner comes and point out these mistakes / bias and inhuman laws in the Indian law system it self.
Guest
(Querist) 13 August 2014
what can be cruelty ?
cruelty is grounds for deny of alimony u/s 125 crpc? or annul marriage ?
or india has a justice system which is cruel to men
stating that 10 days marriage can have lifetime alimony ? even if never consummated ? and the wife never let him have sex with her ?
what can be cruelty ?
Thanks for your help.
Biswanath Roy
(Expert) 15 August 2014
It appears from your posts on the query that you are also an expert in matrimonial matters so I AM AFRAID TO SAY THE EXPERTS OF THIS PLATFORM do not want to be the EXPERT OF EXPERTS.
Dr J C Vashista
(Expert) 15 August 2014
In another post I had observed and mentioned whether the author is a law student is confirmed where he is just testing IQ of the experts on this platform, I agree with Mr. Biswanath Roy da.
Guest
(Querist) 15 August 2014
Ok thank you for your help.. please try changing indian law..
and make is more fair to men and everybody else.
just do justice with all..
dont let the justice system of india go to waste by such biased laws against men..
Remember.. the only purpose of law is to save innocents and punish guilty
Not to save or protect women
Please save and protect all humans and not just women.
Justice can never be done to one gender on cost of other gender..
justice can never be done if there are biased laws in the Indian law it self.
Please try to change it.
Thanks for your help and baring with me.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
I understand the author appears to be an expert in the matrimonial laws, both national and international and makes the experts here breath heavily after reading his posts. However, for the purpose of my own academic knowledge, let me ask the author the provisions for annulment of marriage under Muslim marriages law and also the provision of law where the wife is not entitled for alimony/maintenance if the marriage has been annulled, will he provide an answer?
prabhakar singh
(Expert) 16 August 2014
LAW OF MARRIAGE AMONG MUSLIMS, IN INDIA,IS DEALT AS LAID IN 'QURAN' AND NOT BY ANY LEGISLATION.
SO FAR 125 CR.P.C. IS CONCERNED IT GOVERNS EVERY ONE AS IT IS A CRIMINAL LAW.
THE REST OF YOUR DEMAND SHOULD BE WITH LEGISLATURES.
WOULD YOU LIKE LEGISLATION TO WHICH HINDUS ARE SUBJECTED TO.
Guest
(Querist) 16 August 2014
@ prabhakar sir.
Yes i agree with you.. but you see you are missing one point in there.
You you stating that criminals can only me men and not women.
how? ill show you.
Crpc 125 is a criminal case which apply to every one.. WRONG.
it only apply to men.
NO Christan men , muslim men , or any other men can go and claim maintenance in criminal crcp from there wife.
Even tough they were dependent on them..
There are many cases where wife earns and husband is at home taking care of children and washing and cooking for wife.
But in such cases.. the husband cannot go to court and claim maintenance on there wife/ex-wifes.
Where when the women sits at home and man earns.. the wife / ex-wife can go to court and claim maintenance
So my question to you is.. why are only men responsible ? why r only men criminal? why is the law not gender-neutral ?
The law should have said.. the dependent spouse can claim maintenance from earning spouse.. But instead.. it says MAN IS A SLAVE AND CRIMINAL AND SHOULD WORK ?
How ill show you.. just give me a chance.
Lets first assume You are a modern man who believe women are equal to men. ( i dont say its wrong, i for one believe women are equal )
But in such case where women and men are equal.. It should not be a mans responsibility to maintain his wife.. His wife who is earning also should maintain her husband if he earns less or unable to support himself.
Make women equal.. give them equal responsibility..
But the law only states that man should maintain his wife. No responsibility given to the wife.. Only man works like a slave
I agree that these laws are so old that they were made in the times when women dint earn and was not able to support themselves..
But now times have changed.. so should law.
Ok next case.
Where you are a traditional man and believe that man and women have different jobs.. ex : you say women should cook and man should provide.
Now the questions rises.. Why only men are held responsible ?
If you say its a mans responsibility to provide.. and if he refuses to provide he will be brutally thrown in jail, humiliated , torched and looked down at.
So a man when turns from his responsibility suffers.
Ok what about women ?
if you believe that its a mans job to provide.. you should also believe that its a women job to cook ? or you dont ?
or you just believe that men are slaves who should provide for a women and women should not do anything for men ? FREE SLAVES who work for women just cause they are born as men ?
But if you believe that a women also have some responsibility and its her work to cook for the man when he is working hard to provide for her
Then.. What happens when a women refuses to cook ? ill tell you "nothing".
If a man dose not do his work or turn from his responsibility.. he is brutally jailed.
if a women dose not do her work and turn from her responsibility .. then ? she is set free.. no blame on her ?
Why dosent the laws says.. if the man is providing then women should cook..
If she refuses to cook.. when she has the means to.. then she should also be jailed ? if Indian law has equality..
WHY ONLY GIVE ALL THE RESPONSIBILITY TO THE MAN AND NO RESPONSIBILITY TO WOMEN ?
MAKE IT FAIR TO BOTH GENDERS.. WHY ONLY HOLD MAN RESPONSIBLE ? WHY BIAS IN THE LAW ITSELF ?
WHY WHY WHY ?
Why is it that when a mans commits adultery.. he is thrown in jail for 5 years..
and when a women commits adultery ? no charges on her ?
MAKE THE LAW FAIR TO BOTH GENDERS.
THE LAW WAS WRITTEN WHEN WOMEN WERE INNOCENT AND DINT WORK.. TIME HAVE CHANGED .. SO SHOULD LAW.
WHY WHY ?
why should a man pay alimony for the rest of his life for a 6 months marriage ?
IT WAS WORK OF 6 MONTHS.. AND SHE WORKED 6 MONTHS AND SHE GET PAID FOR LIFE ? THAT TOO 1/3 OF HIS SALARY.
What will go on that man who married for 3 months and now is playing alimony from 4 years ? WHY ?
what kind of justice is that ?
Ill tell you why.. cause law is old.. it needs to be changed.
While all the developed countries are continuously passing reforms to reshape alimony and make it less and less and harder to get.. India move back wards and make alimony more easy..
Dose western rules and laws make sense to you ?
which says Alimony can only last till length of marriage..or half the length of marriage.
1 year marriage = 1 year or 6 months alimony.
Or dose our law make sense to you which says a 3 months marriage can also have lifetime alimony ?
1 MONTH MARRIAGE = LIFE TIME ALIMONY = MEN TAKEN AS SLAVES.
Please dont take me wrong.
I am not here to fight.
I am here to have justice.
You as lawyers hold the power.. the key to the change.. a better future for all.
a better future for india..
When our life crashes.. we put of life in your hand to do justice.. we trust you people, put our hope and faith in you people that you will do justice.You are the symbol of justice.
But can you look at your self and say..
A guy whose marriage lasted 3 months should pay alimony for life or till years and years ? and can you state the reason why ?
STAND FOR JUSTICE.. STAND FOR JUSTICE FOR ALL.. NOT JUST WOMEN OR NOT JUST MEN..
STAND FOR JUSTICE FOR ALL.
