Annulment or divorce - please help

Dear Sir / Madam,

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Advocate

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Apply for divorce on the grounds of cruelty. Give application for admission of petition before expiry of one year period. Don't worry about what they will do.

www.mehnat.in

Manish sir, can we go for Annulment?

wont that be a better option?

which jurisdiction/Court we should file the petition?

and thanks for your kind reply.

Annulment is more difficult to get. There is no fraud here, just denial of love.

Also file a non-cognisable report in the local ladies police station about the behaviour of this woman and her family.

The appropriate way to thank in this forum is to use the "thank contributor" feature.

dear seniors

what can be done in my brother's case, 

what s the safest way out, 

we want to safegurad us from False cases and Divorce tag also.

thank you!

अक्सर होता है ऐसा ।

अपनी पागल लड़की को बांध देते है किसी के पल्ले । 

फिर नाटक शुरू । 

there are no surefire ways of safeguard against the false cases filed by wife.

record calls, make videos of meetings,

dont initiate any legal proceedings as that will give her a reason to file false cases.

acquittal is for sure ! but after eons together.

amit sir

if we will not file any legal case, that will waste the precious time, 

we have to answer our relatives, and the age of boy is also increasing, 

how can we opt for Annulment?

and as the marriage was done in presence of few people, no legal marriage, 

can we just forget that marriage took place, is that marriage a VALID one?

u can not deny the factum of marriage if the wife is having proofs of the same.

further, no ground for void / voidable marriage is made out in ur case.

7.         Ceremonies for a Hindu marriage

(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 includes the saptapadi (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.

COMMENTS

Solemnization of marriage through the performance of Karewa ceremony amounts to a valid marriage as per the customary rites prevailing in Punjab but where the husband and the lady is alive on the date the marriage is solemnized, marriage would be treated as void.-Veena Rani v.Jagdish Mitter 1990(1)HLR113

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.

COMMENTS

The expression “either party thereto” as used section 11 means only the actual parties, to the marriage. The expression does not include any third party.-Suresh Kumar v. Smt Asha Rani 1993 (1) HLR21 .Where the decree of nullity has been granted by the High Court, question does not arise of the marriage being again declared a nullity by confirming the  decree passed by the District Judge.-Thomas Cherian v.Nisha Thomas AIR1993 Ker 19

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

(b)       that the  marriage is in contravention of the condition specified in clause (ii) of section 5;or

(b)               that the consent of the petitioner, or where the consent of he guardian in  marriage of the petitioner 2[was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force 3[or by fraud as to the nature of the ceremony or as to any material fact or  circumstance concerning  the respondent ] ;or

(d)       that the respondent was at the time of the marriage pregnant by  some person other than the petitioner.

(2)       Notwithstanding anything contained in sub section(1), no petition  annulling a marriage-

(a)       on the ground specified in clause (c) of sub section(1), shall be entertained if -

(i)        the petition is presented more than one year after the force had ceased to operate or, as the case may be, the  fraud had been discovered ;or

(ii)       the petitioner has, with his or her full consent, lived with the other party to the  marriage as husband or wife after the  force had ceased to operate or, as the case may be the fraud had been discovered.

(b)       on the  ground special in clause (d) of sub-section (1) shall be entertained unless the  court is satisfied-

(i)        that the  petitioner was at the  time of marriage ignorant of the facts alleged.;

(ii)               that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriage solemnized after such commencement within one year from the date of the marriage; and

(iii)             that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  4[the said ground]

if u want to say that the marriage is not consummated, then it should be because of the impotencey of the respondent wife - otherwise, no ground made out.

WHAT IS THE BEST SOLUTION NOW, IN ORDER TO GET RID OF THOSE PEOPLE AND GIRL???

PLZ GUIDE.

Amit Sahi Kaha...Total BS Indian Law...messing with so many lives...whatever happened to liberty...

अक्सर होता है ऐसा । 

अपनी पागल लड़की को बांध देते है किसी के पल्ले । 

फिर नाटक शुरू । 

you better  file in for divorce rightly suggested and be ready for with anticipatory bail ....u might just need,
rcr would be fruitless as the lady might be havn sm1 in her past or any other problems ,
lodge a complaint in local station about any threats u recieved and keep a copy for future reference.....

be ready to face drama as the lady love and fly are waiting and wanting u to make the first move.....

so.......why not.....
whoever files first, its always and will always be the husbands side getting screwed up first........so go for it fully prepared

Thank u sir/s-  NEED JUSTICE AND SHRIKS.

can you pls guide on the following-

1. Mutual consent Div. (even the Annulment)  can not happen? is that right?

2. the DIVORCE on Cruelty can be Filed, ( IN DELHI or Chandosi, U.P. ?? )

3. Anticipatory bail , WHERE and how to apply and WHO for ??? (Brother , mother and Me are the family members)

will that be against 498A (Domestic voilence, as the girl lived here for 5 days/nights only) ???

note-  we never ever asked for dowry, nor they gave anything, yes 1 bed  and 10 shirt/pant lengths (which are actually very very ordinary) was given by them (lying at our house).

4.  Any other way of getting the Divorce with fewer burdens???

Thank you all in deed! 

Best Regards.

Can your brother get the girl to admt the problems over the mobile and record the same?It might be some proof towards the case and also some protection towards getting false cases hoisted.

The gist is that the girl is not keen on this marriage and doesn`t want to have s*x.They mightbe willing to give mutual divorce in this case.Have you guys asked them about it?