ramanbhalla 14 January 2015

Annulment of Marriage : By force, fraud , how to proceed further

My wife left our house in just 3 months of marriage, later I have found that she married me under pressure from her parents, and had an affair in past which she continued even after marriage and is now filing false cases.

I have submitted all related proof documents for my allegations, it’s a long painful story cannot explain here.

RUNNING STATUS:

1. She filed divorce petitions, we filed some missing complaints and somewhat later divorce petition

2. Initially we were offered an out of court settlement for 8 lacs + assets they gave, feared of reputation we were advised to go for it, on the decided date of settlement they went back without a message, and in an email to my lawyer increased the amount to 10.5 lacs + assets, and ever since that their demands are increasing out of anything.

Now they don’t want a settlement, and have put a maintenance case against me, to which my lawyer

Has put counter replies, stating that all they want is money from us

3. We have now filled in 2 cases: Annulment , Marriage under force and fraud cases against her for cruelty and her family for hiding facts.

In December we have filled these within 1 year of marriage and knowing of fraud and force

Currently they have been summoned per dates for these cases. Hearings are this and next month.

FACTS:

1. It’s been 9 months now since she left

2. There were no physical relations between us, now I suspect she had relations with that person

3. I have changed my lawyer once

4. Till today she has not made any police complaints of harassment or dowry or sec. 498A against us, straight away case for maintenance. But she has falsely mentioned the same in a case against my parents and me, just to earn some money

5. I suspect she is doing a job since the time she left our home and is living individually at a rented place, which I have no details on

6. She has been telling me to get separate since nearly the 2^nd month of marriage to which families talked and matter was settled, I was unaware of all the conspiracy she planned until she left

7. She admitted me after some days of marriage that she married me under pressure from her parents and was about to run from her home 1 day before marriage, I thought she was joking or didnt pay much attention, but it all proved me wrong, Her sisters, parents knew all about this

8. I have some chats, mails sent by her past affair , after our marriage , which clearly points out forcing her to dissolve the marriage

SOME QUESTIONS:

1. Can’t I be given some relief or cooling off period on this matter? It’s already been 9 months

2. Why do we give them settlement money? We haven’t done any wrong, we are the sufferers in this

3. Cant the court order for a faster Annulment with less cooling off period in this case, as I do not want to carry the burden of this unwanted, non-meaningful relation on my shoulders or mind in future

4. As a second opinion, what is your advice on how to take this further, I and my family need a peaceful and early relief from this matter, not to mention, my career our family peace, happiness is at getting hampered

5. How long would all this continue? It’s already 9 months, and there are dates coming up for the last 2

My lawyer says this can take up to 1-2 years or even more? But why in this case where she has committed cruelty by continuing her relation with another man after marriage with me?

Thank you very much for your patience while reading this. Please help.

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6 Replies

Jayashree Hariharan (Advocate) 14 January 2015

if there has been no physical relationship you can file for annulment as null and void within one year of marriage i guess this is what you have done. in that case, it should get over very soon, how come nine months? is she appearing for the case?

as for fraud case, it is not required., since she was under pressure and got married to you, she did not play any fraud on you or your parents. she just left and went. (pls take consultation on this matter with your lawyer, since he knows more details about the actual happenings in your marital life).

you can file an application in the court asking the court to direct her to get the details. or if you can get to know where she is working you can file an application to the court, the court will direct the company.

as for the flat where she is staying, you can get the rental agreement and prove. these two points wil help you in not giving maintenance to her.

1 Like

ramanbhalla 14 January 2015

thanks for your value able time and advice.

1. Yes, when I came to know from Internet that I can , I have filed the annulment case. Hopefully it gets over soon. In my case how much time Anullment case will go ? Cant the court order her for Anulment ? As my lawyer said things in this case will end up to Mutual conscent ? Why ?

2. Isn't it fraud that she married me with intend of money, and did not declare any of these details to us at all, neither her parents did even once, and now she is planning to marry the other guy and live with him and chatting. All this is mentioned in her chats with him, I have submitted all as a proof

3. 9 months: when the same happened I had to travel for my job, else I would have lost it, meanwhile proceedings and talks were on via court as they have filed false cases against me and my parents, then settlement talks were on , and finally in december after 7 months I filed 2 cases : anulment, marriage by force and fraud

Now I understand these 2 cases I should have posted long back, but lack of information on these issues and a peaceful amicable way out hanged us back. But now its done with in one year of my knowledge.

4. Here whereabouts, I do not know the exact address, can the court order to have her PAN card details revealed ? and the addresses she is staying at ?

Is this the right way we are heading ?

Thanks

Will talk to my lawyer.

Laxmi Kant Joshi (Advocate ) 14 January 2015

Your lawyer is doing better follow his instructions you will success to get rid from her , once the marriage declared annulled then no question arise for paying maintenance to her, do anything but take prior legal advise from your lawyer.

1 Like

ramanbhalla 15 January 2015

Thank you for your reply and time Sir, but how much time the Annulment case will take ? My lawyer said it might take a couple of years

Can't the court allow me a shorter time for Annulment , my losses are increasing as the time passes by

T. Kalaiselvan, Advocate (Advocate) 15 January 2015

Dear M.Raman Bhalla, in my opinion even now you have not approached the court seeking relief under proper provisions of law. Your case for annulment of marriage on the grounds of force and fraud is actual not your case, it should be her case, instead your case should be that of non consummation of marriage due to refusal by her for her continuing illicit affairs with a third person(her paramour) which is substantiated evidently by she deserting the matrimonial house within few months of marriage and firm declaration to not to return due to her affairs.