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Chetan (Manager)     04 April 2012

Can a marriage be annulled after wife leaving the husband inr

My wife decided to leave my house within 10 days of my marriage, orginally living in the uk I got married in india and registered the wedding in india and she never came along with me back to london and send me loads of allegation stating she was tortured and we took money from her and her family which couldnt be proved as it wasnt true. They never took any legal action to this sorts but after almost 6 months of wait I returned back and filed for anulment as the marriage was never consumed. My concern is can she still claim for maintenance and fight a case or this could be a straightforward anulment case?? can she still revive the sec 498 a on me and claim that she was tortured and asked for dowry without any proof and get away by lying and faking things in the court.....please advise...



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 7 Replies

M.Sheik Mohammed Ali (advocate)     04 April 2012

yes, she can file 125 case and 498a, once filed after trial than only its false allegation prove it.

Chetan (Manager)     04 April 2012

But if I have filed for anulment from my end how come she can go ahead and do such a thing this would be misuse of the section isnt it. also what sort of prrof does the court look for....as dowry can be just a word  do they check the bank statements and rest of the stuff or some way of spendings??? how does this work out ....and finally if the marriage isnt even consumed whats the point in going ahead with these....

Heartbroken (T)     04 April 2012

@Chetan,

 

Welcome to Indian Family Law. Here the husband is always at fault and presumed guilty till proven innocent.You can do these things.

  1. Hire a good lawyer.
  2. She has not filed 498A or DV right? Only threatens right? Try to negotiate with her and your in laws. You might have to cough up more money.
  3. If you are confident enough don't do anything. Let her file false cases and get ready for initial police harassment,humiliation.But ultimately you can teach them a good lesson when it comes to prove the allegations.

Step 3 requires more than I mentioned.For more digg in the archives of LCI.

 

And please don't lose your calm.

 

Regards.

Avnish Kaur (Consultant)     04 April 2012

FILED FOR ANNULMENT? UNDER WHICH SECTION?

are u a lawyer?

if no cosult one to teach u indian dragon 498a and basis for annulment/divorce.

Shantanu Wavhal (Worker)     04 April 2012

My concern is can she still claim for maintenance (Y E S) and fight a case (Y E S) or this could be a straightforward anulment case (can be - provided, wife does not contest your petition) ?? 


 

can she still revive the sec 498 a on me and claim that she was tortured and asked for dowry without any proof and get away by lying and faking things in the court

Y E S

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 April 2012

Yes, the maintenance would need to be paid till the case is decided.

 


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

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