Victim of old customs & biased law..disgruntled husband...
Rahul
(Querist) 16 April 2012
This query is : Resolved
I was forced into marriage at very young age w/o even seeing the girl...We don't share husband & wife relation for last 8.5 years.The main reason is that we can't live with each other.Also she has some mental problems.Now that I have decided to break this forced relation ,my in laws are blackmailing to file 498a/DV ..Can they file a case w/o any basis when they don't have any proof?My wife gave birth to a daughter after 2 yrs of marriage..To be noted is that I was staying away from her for 1.5 yrs after marriage & hence don't believe that girl is mine.She stays with my In laws...She doesn't want to give divorce so I can't apply for mutual...
Please advise on what ground can I proceed for divorce.Should I prepare legally for any case against me/my parents from In-laws?Can I apply for 12-1-c?
Deepak Nair
(Expert) 16 April 2012
You can file a petition to declare your marriage null and void.
Were you and your wife minors at the time of marriage?? If the answer is yes, then it is to your advantage.
Sudhir Kumar, Advocate
(Expert) 16 April 2012
The qeury is vague. It does not specify as to when you attained majority and whether you have immediately called off the marriage, repudiated it or accepted the same and lived togather.
If you have lioved togather after majoprity the you hve condoned the lapse.
You in-laws?
Everyone wasntsarm of other to be chopped but ont a scrathc on his finger. They can afford to threated 498a abd DV Act on you as long as you do not tell them of the criminal liability of them under child marraige law.
Rahul
(Querist) 16 April 2012
Mr. Deepak:Thanks for reply..I was 21+ at the time of marriage...Can the petition be filed after 8.5 yrs of marriage?We were living separately for most of the time..& be assured didn't fullfill any of the marriage duties...Do we fullfill the criteria for 12-1-c?
Rahul
(Querist) 16 April 2012
Mr. Sudhir:Thanks for reply..
I was 21+ at the time of marriage...
No i didn't call off the marriage as the force of family/society pressure was always there.
But from your comment,since I didn't call off the marriage & lived in this relation eventhough separately, we have condoned the lapse.
What options are left now for me so that I can atleast happily live the remaining life whatever is left?
Shonee Kapoor
(Expert) 16 April 2012
No, if you were 21+,it can not be annulled on the grounds you have mentioned.
However, if you can conclusively prove that you had no access to wife when the child was concieved, you can go for DNA test and then get divorce.
About 498a, join http://forum.498a.org/ and start attending SIFF meetings in your area.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 April 2012
There is no chance to get the marriage declared as null and void but you may try for divorce on the basis of desertion and cruelty if you have any proof of her harassment etc.
Raj Kumar Makkad
(Expert) 16 April 2012
If you are sure that daughter born out to your wife is not of your creation then you may also add this as one of the strongest point seeking divorce. DNA test shall be conducted in that event.
