Null&void marriage - mental agony

Guest (Querist) 18 November 2011 This query is : Resolved
As stated in my previous query, My husband has send me summom throu court for Null&Void Marriage.
Can I ask for Money (defamation) for making me mental agony as he has disssolved my marriage which was arranged by my parents with 25lak?

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ajay sethi (Expert) 18 November 2011
no case for defamation is made out . merely because summons have been issued for declaration that marriage is null and void does not amount tod efamation . in case your husband has taken 25 lakhs from you at time of marriage you can file complaint under section 498 A for return of your dowry . you can also claim maintenace etc under DV Act

Nadeem Qureshi (Expert) 18 November 2011
yes, i am agree with Mr. sethi. filed a case for null and void marriage is not comes under the mental agony. fight the case and prove that he was wrong and save your marriage if you can
feel free to call

Shonee Kapoor (Expert) 18 November 2011
You can only file for maintenance in the said case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 18 November 2011
No defamation lies for making any allegations in the plaint though certain High Courts have got divergent opinion on this issue.

You apart from applying for alimony may file petition u/s 340 crpc(perjury) if you prima facie show the false statments made by him on oath.

Rajeev Kumar (Expert) 18 November 2011
I agree with experts

Sailesh Kumar Shah (Expert) 22 November 2011
There is no case of defamation.

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