LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh (Student)     29 October 2014

Marriage trouble

In a nutshell, on 30th December, 2013 my marriage with a girl was solemnized under Section 13 of Act XLIII of 1954. I had only one time s*xual relationship with her and after two months, there broke out a telephonic altercation between me and my wife and with the backing of her family, she filed a case for nullity of the marriage.

 From the very beginning she started lying in her statement, she said:

1. The marriage was solemnized in the office of the marriage officer on that day.

Fact is the marriage actually solemnized in her paternal residence as she arranged the marriage officer's visit to her house. The certificate clearly mentions the actual time and place of solemnization as noted by the marriage officer by her own hand on that day. Besides, I have several photographic evidence.

 

2. That I have stated the girl that I was a boss of a multinational company but later she would discover me being a PhD student.

But I can still remember when I went to the Marriage Officer's residence on 23.10.2013 along with the girl, I declared my profession as a student which was noted by the marriage officer in the presence of the girl. The marriage notice bearing my declared profession may be the authentic official document in this regard. 

 

3. She also accused that I was supposed to purchase her a residence in a megacity to start living together as husband and wife soon after the said solemnization of marriage. But I failed to keep my commitment and avoided her repeated pleas. She also said that she had sensed some illegal and arbitrary objectives on my part.

Fact is I have several photographic evidence of her being with me sometimes intimately. Actually we were touring and enjoying outing. I also dropped Rs 25,000 on her personal bank account and I have the receipt split with my own handwriting on it. While she says I never responded her, the photos and the bank slip say it otherwise.

 

4. She then says I became violent, used filthy and derogatory language about her and her family while she inquired into my profession.

Fact is I discovered her being a non-matric pass student and not a graduate as she and her family had earlier stated. I have a piece of voice record of her father using extremely obscene and vulgar words while in an altercation with him on phone-line.

 

5. She claims she never had s*xual relationship with me and so the marriage was not consummated.

 

Well, actually I had once with her consent.

 

Therefore, she prays to the court to initiate criminal procedure against me and allows the marriage to be declared null and void.

This is what is going on. I believe, she made a tamasha of the marriage act. A complete mockery of the justice system. It appears that she may have fallen in love with someone else or she was having such affair but suppressed it. And she has ruined my reputation and life. Her father and her elder brother are doing this to me. Can you imagine anyone stooping to such low?

What should I do? What if I tell what actually happened to the court? What might be the court's decision in such cases? 

 
I don't want to cancel the marriage and I may not live with her, I want justice in the form of punishment to the offenders and compensation for my mental harassment and economic losses. Is it possible? 


Learning

 6 Replies

Tajobsindia (Senior Partner )     29 October 2014

@ Author,

 

1. Actually her allegations will not sustain in Civil Court.


2. Mention as reply ‘wrong and denied and then mention in short actual facts and end reply para with challenge to her to produce strict proof of the same’. 


3. Also seek allowing of list of your witnesses with complete records to defend yourself.


4. Photos, hotel bills, bank deposit slips can be produced to be marked as evidences at the time of admission-denial stage. 


5. There is a method to discover s*xual intercourse happened in marriage or not inspite of her so called alleged denial of the same. 


6. Right now, better to concentrate on your defense instead of going on revenge or recovery mode as those opportunities you will get once her allegations are dismissed and at some stage of trial counter filing by you to grant yourself divorce on mental cruelty grounds. These stages comes very late as the trial of her divorce suit matter has not even begin and you are seeking replies based on few paras contained in the encyclopedia petition of hers which is not right opening method and for the time being reply paras 1, 2, 3 and 4 are enough for you to know her case will not hold for long and it will give you sense of justice assurance with which you should pen your defense in consultation with an advocate found locally via reference.


7. Hence, all that right now you need is Chamber consultation with a seasoned local Advocate found via reference and seek h/er services after due diligence. 

 

[Last reply]

2 Like

Prasad (Systems Engineer)     29 October 2014

 
Hi Ramesh,
 
 
You asked "Can you imagine anyone stooping to such low?".
 
There are tens of women if not hundreds of women, are stooping to such a low this minute and every day.
 
This is all because of the gender biased laws that supports women only.
 
 
Leave all that.
 
 
At this instant, you are the luckiest person on the earth.

Congratulations to you. Celebrate this moment.

It is a great news that your wife herself filed for nullity of the marriage.
 
 
Just stay away from court and do not bother to counter the case. She will eventually get ex-parte divorce and will be out of your life. Then you will be a freeman to choose to select some good woman soul.
 
Once divorce granted, nobody looks at the reasons why.
 
Let her GO.
 
Remember thousands of men like me are fighting to get divorce from an unwilling, liar, cruel wives.
 
1 Like

Law_Learner (Asst. Mgr.)     29 October 2014

Hi Prasad,

I second the views expressed by Mr. Prasad. Indeed you are a lucky person in a way that you would get a divorce without fighting for it. On the other hand you seem to be a victim but at large I would say you would feel later that your life was saved after all. Forget about punishing your wife as it would take a long time as advised by Tajobsindia. 

Thanks

JanDec

1 Like

Sudhir Kumar, Advocate (Advocate)     30 October 2014

Your profile says you are student.

 

SO you married before started earning?

2 Like

Ramesh (Student)     01 November 2014

Thank you all for your kind replies with valuable advises. I will surely seek to defend myself first and avoid getting in more trouble. 

Though I am a student, I get monthly fellowship, plus, I do some tuition. 

My question to you all, approximately how long it may take or how many years, if I contest the case? I need to buy at least three/four years so that I can sell one property of mine located near the house of the plaintiff, that is why I am asking. 

Sudhir Kumar, Advocate (Advocate)     01 November 2014

"My question to you all, approximately how long it may take or how many years, if I contest the case"

 

It is not a legal query.  Better meet an astrologer.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register