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Annulment Of Marriage:Pls help!

Page no : 2

Ambika (NA)     12 February 2011

Thanks Tajob ji 

And read what I have said: He will not be able to sell this story SO easily....he may be fianlly releived of the marriage, but it will not be so easy. In India Rapists also roam about scot free, this is after all a case of a man self reprtedly heavily drunk while getting married and too with a purpsoe behind his marriage!

Ashish Kumar (enggineer)     13 February 2011

atleast can u all tell me i should file a divorce case first or wait for them to file first?

and how would that differ!

Out of Court (Consultant)     13 February 2011

As per your query what it reveals is to be , you are a Govt. servent aged 33, 4-5 months right back from today you get engaged to a lady, and Court marriage has been registered under the influence of alcohol, thenafter you processed visa and went out of country, meanwhile you revealed the differences in habits and lifestyles, want to get seperated, upon propsal of seperatrion from your side you get intimidation of threats of legal consequences like 498 A and etc.... you seek negotiations with them settled for Rs..8 lakhs for cancellation of marriage and even still ur wife forcing to live together which you do not want.....

your Question...

1)Can I file for marriage annulment or my only option is divorce because its just been 4 to 5 months
2)If I have to wait for divorce I am afraid they will just prolong it to get more money.
3)Do they really get rights to share the property even without a single day of marriage life?? I dont have any property really. I bought a house for my parents which is under my name as I pay my EMI.
4)Can I start criminal proceeding against them for blackmailing us for filing wrong cases on us and for demanding money??.

 

See, the factual situation is you were under the alchol at the time of registration, this cannot be the accuse to shield urself under any circumstances, unless you can prove that you were forced to be under the influence of alchol or you were intoxicatec with any drugs against your will in a decietful manner, Further, as soon you entered into a contract of marriage, the time reckons of your marriage from the time you registerd the papers in the Application for marriage.... Now, when you realised that, your habits and lyfstyles are totally incomaptible to your partner its always wise to get sepearted but as you stated that you get married merely 5 months ago, so you have to atlest wait for an year commecing the date of your marriage with seperate living without any cohabition, or fullifilling any of the objective of marriage as per Hindu Marraige Act. This is the appropriate way to get seperated from the legally weded spouse, however, there is still no ground apears for divorce as per section 13 HM Act, but an apprehansion of non- compatibility opens the ways for amicable dissolution ...... Now coming to settlement on Rs. 8 lacks, if u have paid it already you somewhere made foolish activity in hurry on promise of return of certificate, or on consent to divorce after an year....

You do not need to be fearful regarding share of property, just communicate them vide legal notice immediatly regarding your intention of annulation stating therein all the facts and circumstances like alchol, differences in lyfstyles and ask for amicable resolution, maintain a distance for an year,   file a divorce petition and contest.... Indeed, upon filing the aforsaid petition petition u/s 125 CrPc. by your spouse may come in light which woud be subject matter after filing the divorce petition, or even earlier. Meanwhile if you get any kind of threat of any kind,that disturb your mental peace you may lodge a FIR.....Best of luck ...

1 Like

Ambika (NA)     13 February 2011

@ Mr. Pandey,  Very clearly analysed, and I appreciate the way you have tried to answer in such a  lucid  language...

Though I am not the querist, I am looking forward to opinions of other legal experts on this query...


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