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Arun Kumar (Business)     22 March 2012

Can i stop my registered marriage be annulled or cancelled ?

 

 

Hi,
 
I got married Oct 2010 in Arya-Samaj temple as per Hindu customs and rites.
There was saptapadi around the holy flame.

Then next day, we registered marriage. (Both were 26 yr during mariage.) 
 
  • We didn't live together after marriage.
  • Her Parents was not aware.
 
Her parent didn't accept us
 
  • Intercaste after knowing the fact.
  • Second reason is that I'm heart transplant recipient. (had done successful in 2009 during our relationship.) However no ground used for it till now.
 
Now her parent want to declare our marriage null or void with her fake statement that during time of marriage she was under pressure.
 
I want  to save my marriage so that I had filled section-9.
 (which is now stayed due to her application of transformation case.)
 
In response, I got a section-12 notice within 1 month  from their side on behalf of my wife after filling section-9.
 
I have all evidence which support my each and single word :
 
1> Photo-album of Marriage (Certificate issued by Arya-Samaj and Marriage  Registrar)
2> Video Film of Marriage.
3> Before marriage Her own handwriting letter to perform marriage asap.(W/o postal address)
4> Our common friends's presence evidence.
5> Before marriage Our 4 year relation-ship in terms of photos.(Which shows our healthy and happy relationship.)
 
some advocates who are her relatives misguide them.
 
All evidence will support the fact that she was eager to perform marriage soon.
But now we are married couple and I want to live with my wife because no problem raised between us.
 
Their parent don't want to give a single time to both of us to sort out and they don't want to check my status in-terms of money, social welfare.
 
How can I stop to declare my marriage null void? (Which is the only single way to think about me.)
 
My primary concern is to save my marriage if it is not happens then only divorce should be proceed.
 
Please advice.

Thanks



Learning

 9 Replies

M V Gupta (Advocate)     22 March 2012

The marriage performed at the Arya Samaj as per Hindu customs is valid in law. It can be annulled only by divorce. The person wanting divorce should prove the grounds for divorce as stipulated in the HM Act. The evidence cited by you is strong in ur favor. You should contest the divorce appliaction. In your defence you may state that your wife is being pressurised by her parents and relatives to give false evidence against you. Better engage a good lawyer to represent ur case. Pursue ur application for for Restitutin of conjugal rights.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 March 2012

Dear Mr.Kumar,

Your wife appears to have been brain-washed by your in-laws who were nursing a grudge against you for having married against their wishes.

Their case for Nullity is on weak ground, the materials that you have would be sufficient to prove her active - free and voluntary consent. 

Also fight the case for transfer tooth and nail - and then pursue S.9 with all your might. 

However please watch out - as they might try - once they don't see their nullity petition going anywhere - they might try to implicate you in false dowry cases.

Feel free to email !

1 Like

Arun Kumar (Business)     22 March 2012

Hi,

Thanks for your valuable suggestion !

My wife alleges me that I've take away her with wrong intention to provide Job. 

And after reaching temple I with my relatives and friends forced her for marrying and forced to sign on each paper and documents at that time.

Hiding other day information of registering marriage as well.


Ground :

So according her statement my marriage is resultant of fraud which not come in HMA. 

 

Please advice.

Thanks

M V Gupta (Advocate)     23 March 2012

She is not a kid to be so easily mislead. If really u had cheated her, she should have filed FIR with police immediately or soon thereafter. 

1 Like

Arun Kumar (Business)     24 March 2012

 

 

Hi, 

Thanks Sir !

On last date in mediation center, 

After listening her statment only, persons in mediation center tried to be agreed as per her statement by giving sign on those papers.

They said me "Degree can be granted on basis of her statement only" and as per your past disease (I'm heart transplant recipient) she can easily get this degree under section-12 -And she want nullity.

No-one was willing to check my documents. (All proof about her active - free and voluntary consent). 

However, My advocate told me that they are not judge. They can give report to as Parties were not agreed only.

We both together are Master degree qualified and She was wellknown about marriage 1 month ago as prescribed by Arya-samaj Temple rules of that city. 

All required documents for arya samaj had submitted 1 month before for marriage-date with her consent. 

After influencing with her relatives she alleges me after 5 months of marriage.

Now, 15 month has already passed. Now I'm helpless.

Thanks

Arun Kumar (Business)     24 March 2012

Hi,

Sir One more question :

Is Ammendement to hindu marriage act 1955 can impact any way ?

https://www.lawyersclubindia.com/forum/Ammendement-to-hindu-marriage-act-1955-54236.asp

 

Please advice.

Adv. Chandrasekhar (Advocate)     24 March 2012

if one party is not willing to live with another party, the mediators/courts/friends/relatives cannot force them to stay together.

I totally agree with the advice given by the above experience advocates.

Even though the evidence is very strong, you will not get the desired result as it is a matrimonial dispute.

It is very difficult for her to get the marriage annuled.  But that will not help you.  If you succeed in RCR Petition, I know you will, that does not bring material difference in your way of life.  She will not execute RCR decree and waiting one year period, she can go for divorce on the ground that RCR is not executed and she will take advantage of her own fault.

The IRBM will have effect in the cases like you, which will help the party to seek divorce without any fault on the other party.  But this has not become Act yet.  Further, 3 years separation is the requirement.  So that will not help her in the present situation. 

Shantilal Pandya ( Advocate)     25 March 2012

Statement that during time of marriage she was under pressure. is abolutely no ground to anul the marriage 

Arun Kumar (Business)     25 March 2012

 

Hi,

Thanks for your supportive and valuable suggestion !

She used following fake statment as ground :

  1. By Fraud she came to temple. (She was not aware about marriage)
  2. Then Marriage Forcefully executed.
  3. Forcefully we got her sign.
  4. After reaching temple, My relatives and our common friends forced her to get marry.

I think, her statement of sign will be used during cross examination of registering marriage while asking my advocate/Judge.


My proof :

  1. Fraud : Her own letter for getting marry soon. 
  2. Forcefully execution : Video of marriage of solemization in temple (about her active - free and voluntary consent)
  3. Pressure : Photos of marriage showing her hapiness.
  4. She said we knew each other as friends only : Before marriage Photos and friend's evidence showing we were more than friends.
  5. Can Resistrar provide anyone marriage certificate.(If she said that she was not present registrar office OR Present under pressure) ? ( she hide all fact of next day of  registering marriage.)
  6. We both were 26 yrs old during marriage. On papers she is elder than me 9 days.


Summarry :

According her (In only statments) no proof at all :

Came Due to fraud -----> forcefully execution -----> came under Pressure ---->  Marriage solemized ------> Now no influence of this marriage-----> Not comes in HMA --> Want nullity degree


Her supportive advocate said anyone can get marriage certificate by fraud. 

My questions :

  1. Is it possible that court can ignore Marriage registrar certificate on basis of her current openion of willingness of nullity? 
  2. and can ignore all my evidence?
  3. My Past diease (Which she already know) candirect this case in direction of nullity ? OR she can use it as ground by adding some more petition.


However I still love my wife alot. 

But know the fact that due to my consent only, I can't get her back. 


We've said either send my wife Or take mutual divorce but their parents denied both things and want to nullity under section-12 with all fake statment by alleging me that for all things I was only one responsible.


Please advice.

Thanks

 


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