Can mariage be null if the marriage done in a filmy manner and if i prove adultry
sanjay singh
(Querist) 13 January 2015
This query is : Resolved
Sir ,
every arrange marriage can done through mediator b'se 2 family r unknown to each other, later mediator brings together
I was not knowing mediator who is big fraud, he having criminal background.he served a jail ,and he was involved more over 10 cr rupees scam and 50 lakhs embezzled.His articles of news paper in times of india ,The telegraph so on which I got to know after marriage being processed.
the mediator called us to talk for marriage and to show the girl. My family and I went to see the girl.
Mediator and the girl familymembers were already present to the temple which is located in my area.
The mediator convinced me through words like---- kamal ka Phool Kichar me hota hai Kamal Ka Phool Utha Lo Kichar Chod Do --
Maa ko Khayal Rakhegi---- like that
I agreed for marriage and thus marriage happened.
infact fraud marriage completed in
an hr in my locality and the whole marriage did without prior knowledge of friends, relatives, no invitation card and not social refreshments .Even marriage was not registered he shooted video
of marriage .She treated herself as normal 2 3 days but when she got Phonecall on her mobile by someone she started going with out asking any one and when she was asked she opposed for that and from this day
she become so much violent continuesly , these incident tooks place between every 2 3 days, and when my mother talked to Mediator(Amreswar Prasad) he was demanding 5 lakhs or 10 laks otherwise he will file dowry case.
And i was shocked at that time. when my mother attacked by her with knife & kick as result my mother got injuries in her body & eyes. Then first Letter dated 15/03/2012 sent to various police station as well as to her parents including Mediator (Amreswar Prasad) Who was the Master mind and who did Kanyadaan in marriage ,Now he is not accepting.
But I have Photographs & recorded videosrecorded through mobile phone where he is doing kanyadaanan and marriage rituals.
Is mediator the right person who did all marriage rituals and girls parent r sits there normal as guests sits?
Sir ,
Is marriage is valid or null
sir,
when she (my wife)did full drama in my house like she started abusing to my mother as well she fought with my mother.some times she gave threats she would commit sucide.As result we called police to come and stop this drama.
She used to detain by police, as a result police called her parents put charges of sum Rs 1200 and then she released and she never come back her matrimonial place.
Sir , is this a sufficient cause for her to move out from her matrimonial place and now she is alleging that we have abandoned her, infact she went out by depositing a sum Rs 1200 in the police station.i have collect that receipt from police station.
Sir
can tell me is this a sufficient evidence for me to prove that whether she left out by own
Sir
now I enquire about hospital bills in which I found she was pregnant and she did sizzierig. this was done without knowing to us,Now I got know she admitted in hospital and unborn baby dead before she admitted.
Is this incident prove that she having adultery with some one?
Because she left matrimonial place by her own and I sent legal notice to her in which alredy mention about her paternity Challenge.
Isaac Gabriel
(Expert) 13 January 2015
You have become the victim of the circumstances.Divorce shall be the remedy.Consult lawyer.
Guest
(Expert) 13 January 2015
A Practical Advise by Expert Mr.Isaac Gabriel the Only Option to the Author Right Now.
V R SHROFF
(Expert) 13 January 2015
Divorce is soln
ajay sethi
(Expert) 13 January 2015
file for divorce on grounds of mental cruelty .
malipeddi jaggarao
(Expert) 13 January 2015
First of all author is not aware of the legality of Hindu Marriage Act. He sought our opinion how to come out of the problem.
One has to examine whether the following salient features of Hindu Marriage are fulfilled in this case:
Section 7 of the Hindu Marriage Act 1955 recognizes the ceremonies and customs of marriage.
A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party to the marriage .The parties to the marriage fulfill the conditions prescribed as follows:
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
There are no invitation cards, no guests (eye witnesses) except the parents and mediator. It was performed in the temple. For performing marriage in temple certain records are to be maintained, whether the records are maintained or not is not specified. The marriage is not registered. The author says she became pregnant and gave birth unborn baby. When the alleged marriage was performed? The date of marriage can be determined only if the temple maintained the records. Whether she was admitted in the hospital before delivery or after delivery, whether there is any hospital record available. If available what was date of termination of unborn baby from the mother's womb? Whether the termination was after completion of 9 months? What is the gap between the alleged marriage date and termination of baby? Why mediator performed the ritual of Kanyaadaan? All are to be verified before giving any advice.
As regards groom's side, why they consented for the marriage with such a hasty? How any marriage can be performed within one hour after seeing the girl first time? Why they could not insist to fix a later date so that can perform the marriage in a systematic manner? Whether the marriage is consumated or not? What is the reason if not consumated? These are to be verified before giving any advice.
According to me, he has a good case to consider that the marriage is not solumnized at all. Experts may suggest other remedies also.
@ Author - please come with point-out details for the clarification pointed out in the above paragraphs. As it is on line advice portal, you should come with full facts and facts only without hiding any information and without twisting the things.
R.K Nanda
(Expert) 13 January 2015
no more to add.
sanjay singh
(Querist) 14 January 2015
Sir
The Temple is road side Shiv Temple this not registered temple where you need permission for marriage therefore its not possible to maintain record.
where as from my side my mother and me admitted every where she is my wife because whenever we give complain we need to mention about her this way
we accepted.
And MARRIAGE DATE :15/02/2012
1st Letter dated 15/03/2012 mother sent letter
2nd Letter in hindi dated 4/06/2012 I have sent letter
3rd Letter dated 18/09/2012 (In sep 2012 and the whole incident took place on 7/9/2012
i went there place to brought her back,Emotionally they started saying
she will behave nice she will be ok now, But this was totally
wrong because all family come together they fought with me
and they took jewelleryfrom my bag and saying when are you
transfer the flat to my name ultimately saved my life through their neighbours.)
This incident happened at mid night and their building people is witness of the incident then i sent legal notice to her\
dated 18/09/2012 .this was the last legal notice After that i file divorce petition before 1 year in dec 2012 on Cruelty ground(13-1 1a)
then at the same time 1 yr in 15feb 2013 completed court given 2nd lodging number.later counselling part happened in which i said i don't have
beleive on her she can do any thing.she said if he not ready to keep me then he give 25 lakhs .
Sir,
when i returned back to my place and sent final legal notice dated 18/09/2012 because when i come to know about her ilicit relation but
i dont have prove of it,infact i don't have physically relation with her since after marriage i.s 15/02/2012. After marriage
only 2 3 times only having relation. Later mental peace disturb because her behaviour and the relation get disturb so on.
In a letter dated18/09/2012 i mention her ilicit relation and said to challenge the Paternity of her after in court She gave Innterrim Apllication
section 124 in which she is saying she abandoned by us and since that time she was pregnant and she staying in maternal house and she delivered
a baby which was not survive because of thealth complication.
Sir,
This admission receipt what they produced in court as list of document she admitted in the hospital though she is my lagal wife i m not
maintaining her.
Note : She said she delivered a baby which is miscourage but 2 day ago i found she admitted in Hospital 25/02/2013 and She discharge 1/03/2013
where she did sizzering operation in which heart of the baby was not functioning or baby was dead before reached to hospital means dead that
why she operated.And now i asked hospital people about her delivery they r ready to give the detail in written format about her delivery.
Now the question is why not informed me if she is my legal wedded wife.
Can u tell how this whole incident can be used in as fraud or can i amend the petition i.e.13-1 1-a and add FRAUD ground
malipeddi jaggarao
(Expert) 14 January 2015
You have admitted that she is your wife. That means there is no dispute about the marriage. You say that physical relation happened. The delivery of the dead baby or the operation to take out the dead baby was after one year of the marriage. Hence, you cannot plead that marriage is consumated. You have already filed divorce petition on the basis of mental cruelty. Fight it on merits.
You are not coming out with full facts. What made you to agree for the marriage within one hour after the seeing the girl first time without any invitation cards, and without calling your relatives and friends.
You say that they have taken out the jewelry from your bag in the mid-night. Why do you carry the jewelry to your in-laws place?
However, since you have filed the divorce petition, your advocate will guide you how to plead for divorce basing the merits. Online advice will not help much in this type of cases.
Guest
(Expert) 14 January 2015
The question arises, who enacted marriage in a filmy manner, that too when you "agreed for marriage and thus marriage" made to happen to be "completed in an hr" in your own locality and "the whole marriage did without prior knowledge of friends, relatives, no invitation card and not social refreshments"?
Who compelled you to select a partner for the whole life within an hour?
So, marriage is not null, as that was with your own consent, may be in a filmy manner. Now the only recourse for you to seek divorce on merits of the case, mental cruelty, or illicit relations (with proper proof), if unable to make appropriate adjustment with the wife.
sanjay singh
(Querist) 15 January 2015
Sir, I was not permament employed anyone who comes for my marriage ,they were 1st asking about my service and all.
My mother was so serious about my marriage and day by day her health also becoming serious issue.she is
suffering from diabetics and heart diseases.she always use to move around for my marriage.One day the mediator get in touched.
And through phone call the mediator convince my mother about marriage.He told 1 family staying in Mumbai ,they r poor but they r
Khandaani so on....and thus The mediator send Photographs through email.my mother having marriage talk on mobile. But the my mother
did'nt satisfied she refused to do but the mediator came to my house 1 day before marriage and convinced that i will take the gurantee
of this marriage.
Sir,you would say How come you and u r mother agree this is because the mediator happens .he was Homeopathic doctor but we were not knowing
about his Fraudenes and crime ,after the marriage when my wife incidents happened and when we told the mediator abiut her cruelty.
He started giving threats make ready 10, 15 lakhs Rs othewise they will do 498 so on.
And then i started searching on a internet I got information about mediator he is very big fraud more than 10cr alleged for scam and he
was dismissed form his job and served jail .his cases in highcourt pending.At the same time i admitted marriage but when she
came to my place she strted doing all dramas and thus she left my plac
Guest
(Expert) 15 January 2015
Your not being permament employed, seriousness of your mother for your marriage, seriousness of your mother's health, haste of your decision to marry without knowing the background of the mediator and believing his statement about girl being khandaani were your own compulsions and cannot be taken as justification for your marriage to be declared as null.
You can get rid of her only if you can prove adultory.
sanjay singh
(Querist) 16 January 2015
Sir
When she left matrimonial place after I sent legal notices
2nd notice dated 4/6/2012 : I explain every thing what she did example you left matrimonial place many times.whenever she come back, her behaviour become more violent as a result my mother giving NC police complain to police station so again she had to move out from matrimonial place,she never stayed continuously .I cleary said you r free to live u r life.
3rd notice ;sent when not any reply received 3rd Letter dated 18/09/2012 (In sep 2012 and the whole incident took place on 7/9/2012
i went there place to brought her back,Emotionally they started saying
she will behave nice she will be ok now,And also said bring jewellery for her she wants to wear the jewellery and then she will come back But this was totally
wrong because all family come together they fought with me and they took jewellery from my bag and saying when are you transfer the flat of u r mother to my name ultimately saved my life through their neighbours.)
This incident happened at mid night and their building people is witness of the incident then i sent legal notice to her\
dated 18/09/2012 .this was the last legal notice After that i file divorce petition before 1 year in dec 2012 on Cruelty ground(13-1 1a).In this Context I preferred to Divorce from you.
Is this the legal notices can be use as a prove that she was not ready to come back to matrimonial house even after I went there to bring her back ?
where As in her Petition reply (WS) she accepted I was there at that time.
malipeddi jaggarao
(Expert) 16 January 2015
You might have engaged an advocate for your divorce petition. He will take care of the things.
T. Kalaiselvan, Advocate
(Expert) 17 January 2015
Since you have already filed a divorce petition before the court, wait for the outcome. However, a divorce petition within one year from date of marriage on the grounds of cruelty and without a notice given to her about that under the provisions of section 14 of HMA, will not be maintainable. Your lawyer will be knowing the actual circumstances so be in constant touch with your lawyer.
