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seeking-guidance (self)     08 April 2013

Divorce or annulment - how?

Dear Sir/Madam

my brother got married through a simple hindu marriage , 5 months back.

after staying for 5 days/nights, the girl went to parental house, for 'Phera'.

on the 1st night she asked brother:

1. she didnt want marriage, it was her father's will. (she is very obedient to her parents)

2. she will consumate only when she wants a child.

for those 5 nights, they slep in separate rooms, and in day time, talked rarely.

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after reaching there, she told parents the boy did 'jabasdasti' which is False.

and she can not trust him, to lead her life with him.

we all tried to talk to her, her parents, went to their place, the boy also went alone to their place (4 times), 

to see what is the reason, to sort the matter..........but she and her parents are not letting the relation go on in normal manner.

she , her parents have never tried to call/talk to us here, in order to sort the matter.

when ever the boy went there, they ALL, misbehaved with him, shouted on him, said that you dont have manners, you dont have sense, you are rigid, you do nt know how to behave with wife----- this and that.

we now want to end this relation.

can we file for annulment? and how?

brother is living with my mother (a widow).

I am away from Delhi (our city).

Marriage took place in Chandausi (near Moradabad, U.P.), the girls town.

Her father is a local politician, rough man and never listens to us, or see sense in our REQUESTS

to send the girl back to her matrimonial house. 

We are unable to understand WHAT do they want from the relation,

neither they are asking for Divorce, nor asking to go ahead with the relation, and never have talked to us.

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We are afraid if we file for annulment/divorce, or send any notice to them,

they may put FALSE cases on us, and put us in jail,

I request you to kindly Guide us how to proceed from here, 

because we will have to take a step forward.

Thank you!

Sonali Joshi.



Learning

 1 Replies

Tajobsindia (Senior Partner )     09 April 2013

1. First hire on retainership basis an local Advocate found via reference instead of dependent on online forum and discuss same brief and evolving cause of action with h/er on regular basis.
2. Since it is only 5 months old marriage and on top it is non-consummated, suggests creating evidence of non-consummation meanwhile in consultation with the retainer.
3. Secondly prepare him / family members for Notice bail i.e. mediation as and when Case may get filed from their side first and allow that to happen and donot file first any case /notice till 1 year from his side.
4. Use good office of social mediations till that time.


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