Annulment of marriage

1. The marriage is ab initio.
2. A judicial declaration of the invalidity of a marriage ab initio is a nullity.
3. A legal declaration of nullity is required to establish this before you consider re-marriage again.
4. Hire an advocate via reference and he will do the needful on your behalf.
5. She / her side cannot force you to cohabit with her. Least they can do is file RCR for same.
6. Since you say they are rich and influential then criminal complaint cases / civil – criminal maintenance cases they can file to disturb peace of yoru mind and to pressurise you for cohabiting. You have to contest them and with passage of time you may come out of them. There is no instant remedy available for your self created mess.

are the wife & her first husband JATs ?

is there a custom of divorce in their community ?

customary divorce is prevalent in JATS.

https://indiankanoon.org/doc/782709/

Gurdit Singh vs Mst. Angrez Kaur Alias Gej Kaur ... on 25 April, 1967

Dear Sir

 I am extremely thankful and grateful to you for sage conference and wise counsel. It has really illuminated me and dispelled my gloom. Your  advice has come to me as great solace and comforts to initiate action and prompt  me to proceed  for filing petition u/s 11 of HMA at the earliest. I will proceed with scant evidences I have at my disposal as  I intend to come out of this rut. I hope it should take months .. I donot know how many.

I will  further appreciate you to   advice  what counterclaims and cases she can lodge against me  such as DVA/125/ or anyother leagal entaglements if i proceed with sec 11 for nullity so that I take appropriate caution as her brothers are lagal savvy.Should I also prepare myself to procure Anticipatory Bail on this apprehension beforehand.

 My  heartfelt thanks again for guidance .

 Ashish

Dear Sir

 We are not jats. Is it applicable to other communities as well? if yes , which communities?

if there is no commenly accepted , well settled custom in the community of the parties to divorce, then customary divorce is NO DIVORCE AT ALL in the eyes of law.

Thanks Amit Ji for  reflecting on this.

ashish, 

check ur PM.

void wife CAN file DV, 498a, HMA sec. 24.

she CAN NOT file Cr. P. C. 125

There has been separation for almost  one year. can a void wife still file DVA? Is there any limitation period in her filing it besides there is no substantial ground with her ?

check ur PM

Thanks Amit ji

a wife (evenif void) CAN file everything.

it will not be maintained ; but the husband has to run around .

My void wife  and her brothers are approaching me through  powerful social mediators( using even my relatives to their favour)   to end the relationship ( which I too want  to end it ) and what I guess they would go for ending the relationship / divorce or nullity through notarised stamp paper agreement again ( as being usual practice).

Those social mediators are in the  regular customary habit of  effecting mutual consent divorces of the two dissenting parties through mediation and affirming, proclaiming and endorsing it with the  sindhi community panchayat decisions and then getting it notarized. If I  resist and say  to them MCD/nullity cannot be done on stamp paper, they scoff  and mock at me for my ignorance  and  little knowledge about the powers of  community Panchayat  and  they are so habitual in rendering  the customary divorce patterns of the parties they handle and say it is all legal on their part. It is really very common practice  on their part in the community to get divorces through panchayat which they hold as good as legal system, endorse them , give witnesses, and then  go for notarisation.  I prefer filing petition under sec11 in the Court which mediators unitedly will  discourage  and say  that the court proceedings will take a long time and  will attract counter cases/litigations from both ends to further complicate and entangle the whole issue such as DVA etc.

I will appreciate if you suggest me  how to handle them legally  and procure a declaration/decree of nullity as I will be alone before  those social mediators  who  are inducted by my void- in-laws and would support them under influence and their mutual interests.

Should I enter such ending of relationship through notary and file the same later  as a  supporting evidence /proof  in Court u/s sec11 for getting nullity ( I will seek their commitment and  ask them to mention their status of her earlier marriage as divorced/separated/broken relationship) . But in notary agreement it is usually committed by both parties that neither party would bring the matter to court for litigation after entering into this kind of agreement thereafter.

Pl advise.