To declare my marriage as void
Shivaji
(Querist) 08 December 2014
This query is : Resolved
Respected Sir,
I married a girl on 13 May 14 as per Hindu Tradition.The girl's family offered me 10 lakhs dowry 4 tula gold. But she came from middle class family i transferred rs.90000 to her father account to purchase a bike for me as part of dowry agreement as i loved her i dont want her parents to be in burden. And promised that i arrange 3 lakhs later on to them. To give me as part of dowry. And i didnt take land 1100 sq.yards as they offered to me.The marriage was celebrated at my home with my expenditure.She came to my home to join matrimonial life with me.But to my surprise she is not allowed me to touch her and having first night with her.I asked the reason for about the strange behaviour. She put 3 conditions to me...I- Not have sex for two months as she was suffering from chest pain....II- She refused to come to honeymoon with me as stating that she is not intrested....III- refused to come along with me to my workplace to lead a marital life as she seek time upto Novemeber 14. Reluctantly i agreed to do so.On 13 May 14, she asked my mobile to talk with her parents and i had given my mobile to her.At night to my surprise i found that my wife is in love with her cousin ( in relation brother {my wife's mother's elder sister's son}) they conversation is about both of them to commit suicide.The conversation is all about instructions given by him to her that how to move with me in home like not allowing me to touch her if i tried to touch her, he told to her, that, just warn me that she will cut her hands...not to get on my bike...not to sleep with me etc. Every thing he told to her and she followed that.I saw the hell that two days when she came to my house for matrimonial life.But i kept that agony in my heart as she requested for two months to maintain distance between us.The whole conversation was recorded in my mobile through auto call recorder.She didnt know abt that recorder. I filed FIR in PS for their suicide conversation. ANd i filed a petition to nullify our marriage.i Send her to their home on 14 May 14, the fourth day after my marriage.Now they submitted the reply to my petition stating that all the recordings are not true and i am demanding 3 lakhs additional dowry. In failure to do so, she has been harrassed and i & my parents send her to their home.And also quoting that i am getting handsome salary and i possessed 50 lakhs property. I too cme from middle class family and having C-Group job in Public sector. But she is saying that she will come along with me to my home for joining matrimonial life. But i am not interested.Do i get divorce by this evidence. And i am ready to give the dowry back to her after nullify of my marriage by taking loan and seeking debt from some one or i punished by the court for taking dowry. I took the dowry because to organize my marriage.
Devajyoti Barman
(Expert) 09 December 2014
If the recording is proved genuine then it will be a valid piece of evidence.
Have patience and carry on with this suit.
Rajendra K Goyal
(Expert) 09 December 2014
Try to have amicable solution, try to save marriage, take help of elders and common family friends.
If not possible move with your case. Explore the possibility of Mutual consent divorce. Contested divorce may take years to decide.
ajay sethi
(Expert) 09 December 2014
you can rely upon audio recordings . it is admissible in evidence
V R SHROFF
(Expert) 09 December 2014
MCD IS BEST SOLUTIONS TO SUCH DISPUTES
Shivaji
(Querist) 09 December 2014
To,Mr.M V Shroff
Sir,
What is MCD?
V R SHROFF
(Expert) 09 December 2014
MCD = Mutual Consent Divorce under Hindu Law 13b
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
You may have to wait for one year period to be completed from the date of marriage and then file a divorce petition under the mutual consent if there are no chances for reunion on an amicable note.