LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ghalib (aaa)     23 July 2014

Marriage annulment suggestions

 6 years back, my wife committed sucide, reason unknown till date, and my in- laws filed a false dowry harassment case on me, my sister and my mother; and blackmailed me to marry their younger daughter for withdrawing the case. After trying my best, left with no solution as per lawyers consultancy 2.5 years back, I compromised and went for court-marriage with my sister-in-law, in tun my in-laws withdrew the case. My in-laws stay in another state and I stay at another. I was back to my home just after marriage, since then (2.5yrs) I am staying alone, now I want to apply for marriage annulment on the grounds of Hindu marriage act non consummation and saptapadias.
 
I have following queries:
1. One of the ground for filing annulment case is non-consent at the time of marriage, but this need to be filed within 1 year, but since 2.5years are passed, I am not eligible to use this ground. Is it possible to use it though for supporting and strengthening annulment case? Will it strong my case? Is it safe for me to use? Or if somehow it comes in the court during annulment then it can re-open the previous dowry-harassment case, charging me with illegally compromising on the previous case? Or will it be against my in-laws,some charges of filing a false case. I was literally blackmailed at that time. I am getting different consultations from different lawyers, some says it will be against me as and some says it will in favor of me. Can you please advise me is it a clear cut in favor or against me? Or is it that no-one can predict how will it be once disclosed in the court during annulment case?
 
2. Only I and my family knows that I went for court marriage that I was blackmailed to marry for dowry harassment case to be withdrawn. Since under (my non-consent) court marriage I had to sign documents, may be both the Application & Affidavit for the purpose of registration of marriage, so do I need to face the charges for making false statement on oath before a public officer i.e. registrar of marriages & face similar punishment in the form of imprisonment up to 3 years & fine.
 
3. Is there any other ground on the basis of which I can apply for marriage annulment. Will desertion since marriage can be a ground or strong the case? Will my travelling tickets suffice as proof of desertion?


Learning

 3 Replies

Tajobsindia (Senior Partner )     24 July 2014

1.You should not have succumbed to in-laws blackmailing.  

2. Having succumbed today you have no available grounds to dissolve the second marriage. All that you are justifying is bald in eyes of law. 

3. First go and get complete file ‘certified copy’ of ‘withdrawal (quashing)’ of previous case that happened in facts of first wife suicide and follow-up criminal charges upon you by in-laws.

4. Now you have to create grounds; write every week a registered letter to wife to re-join you at your place of current living and mention in the letter that both of you got married on date/month/year (2.5 years back) and you (wife) has not consummated marriage nor living with you and you love her and cannot bear the separation before eyes of society that you keep at this place wherever you are saying to me you are currently living alone. Write same lines every time for next six month. Once six month passes of such letters being sent each month to her, appoint (meanwhile) an local advocate and file case of divorce under 'desertion' ground citing 2.5 years old marriage and neither consummated nor wife inspite of repeated requests by way of letters has joined your company and also mention chronologically in the start paras of the suit  matter that some 6 years back you married some Ms. X and she committed suicide and in-laws implicated you / family members into criminal cases and it was compromised on assurance that I should get married to then my sister-in-law who is respondent wife herein. Once parties reached compromise the earlier criminal complains were quashed and the parties did Court marriage at such and such Court / place / city. Soon after I requested my wife to consummate the marriage and she asked time and meanwhile I returned back to my place of duty in such and such city and since then living at this Court jurisdiction. From time to time I approached my wife to consummate and or live with me and annexures (copies of letters) are annexed for perusal of this Court. My wife since last 2.5 years has neither consummated our marriage nor ever once lived in company of her husband and thus has 'deserted' the company of husband / marriage. 

5. Once you create above grounds and file a divorce case on more or less above facts the reaction of in-laws would be to file again a case of dowry etc. upon you / family and they will again level allegations of your previous marriage and suicide of their first daughter in cruel hands of you but will not mention the ‘withdrawal nor their second daughter marriage into their rejoinder allegations paras’ to your divorce case. You may be arrested or you may apply for Bail as per State provisions since this time in-laws are not going to sit tight when they receive divorce notice. 

6. Here for bail / quashing use certified copy of earlier case withdrawal / quashing to quash repeated charges of dowry etc. upon you and co-relate para 4 emotional blackmail facts paras of in-laws while seeking bail / quashing. 

7. This time if you are lucky then inspite of both parties guilty of conscience one party will definitely bail out of the self created mess which comes out from your brief. Now that depends upon ability of a skillful advocate either party hires. 

8. At the end I will once again say you have a hopeless case and should not have succumbed to in-laws blackmailing in past. Nevertheless I donot know the truth (facts) like under what circumstances first wife committed suicide and why the criminal case should have been allowed to have withdrawn, but if you understands the above logics (strategy) para 4 probably you may come out second time lucky. And once out of the mess donot ever get remarried is the only lifetime caution I can tell you TODAY otherwise third time you will never come out of such legal mess believe me.  

OR

If you cannot do all / some of the above then sit tight and carry forward in life. Marriage is not everything. Reason being if you can succumbed to in-laws blackmailing and to quash criminal cases you marry SIL and not even consummate or order her to live with you for 2.5 years more after first wife suicide then it is better not to stir the nest.

1 Like

ghalib (aaa)     26 July 2014

Hi TajobsIndia,

    Thanks for your suggestions. It is really helpful. One thing to add, actually they didn't take the case back rather they turned hostile during trial phase. I know it is complete mess for me. I didn't take any dowry during marriage but with nature of 304-B and judgements I took the hard step of compromise. Lot of people including few of my known lawyers suggested me to compromise rather than fighting it.

       I would still love to get further suggestions from you,

 

Regards

Ghalib

g.p.srinivas (advocate)     27 July 2014

Hi Ghalib

Firstly, from the bottom of my heart, I thank TajobsIndia who gave crystal clear suggestions to you regarding your both the marriages. Now forget all the laws, rules, sections etc., work on the reality to come out of this mess. Sometimes, the law alone does not help you, you have to use your inner power also to find a solution. Being a legal professional I have come across various family battle like this. Don't be afraid, Move courageously to succeed in the right track. Mainly don't discuss your personal challenges with one and all.

All the best in your battle.

G. Padmavathi Srinivas
Advocate - High Curt of Andhra Pradesh
Hyderabad


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register