Marriage nullity

Hi Kumar,

                    Can you tell on what grounds you filled Annulment,Is it impotency or fraud or Forced marriage ground.Also do you have proof for all these

It is not forced marriage. It was an arrange marriage done by both family in a choultry.

After marriage she is telling me that  I am having health problem and not showing interest in me.

Marriage was not consumated because she was not interested in me.

She removed mangalsutra within one month of marriage and went from my home.

Thanks,

Kumar

If you can prove by medical evidence that the cohabitation has not taken place due to her impotency, then only you can get annulment decree.  Otherwise, talk to her and if she agrees go for mutual consent divorce, one year after the marriage.  If she turns down MCD and you are not in a position to prove her impotency, then you have to file divorce case along with application under S.14 seeking permission to file divorce petition within one year due to extreme hardship. 

You have stated that you have already filed a case for annulment of your marriage, it was taken on file by the court, what makes you to ask the question

"So whether Marriage Cancellation case holds good or whether I have to wait for one year and apply for Fresh divorce case."  wait for the outcomeof the case you have filed.

ur marriage is VALID - may be sec. 12

but for sure - sec. 11 - null & void is NOT applicable.

Nullity of marriage and divorce

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]

I am petioner and my wife is respondant in my marriage nullity case.

My Wife while she stayed with  me for just one month told me that I have health problems and was not showing interest in me

and she avoided to have consummation with me stating that I have health problems and left my house within one month of marriage.

She avoided taking notice and she did not come to court  for first 3 months/3 times of hearing and finally for fourth time she took notice and came to court and her advocate will be filling objection in next hearing during end of December.

So in this situation :

1) Whether marriage nullity and void case filled by me is valid or whether court will reject my petition when it comes to evidence and whether court will tell to file

    fresh divorce case after completion of one year of marriage in July 2014 (I got married in July 2013)

2) My wife is working in a metropolitan city earning around Rs 10 thousand Per month and she has done Master Graduate education.

So should I need to give her compensation if she asks for compensation?

3) Final Question : If both of us agrees for mutual marriage cancellation and void within one year of marriage then whether court will accept my petition and will

cancel our marriage and make marriage void.

Thanks,

Kumar

nothing called Marriage Cancellation exists in law

a claim can exist only on specified grounds.

if u want divorce, make out any of the grounds specified in 13

nullity is granted only if grounds u/s 11 / 12 exist.

ur case does not fall u/s 11

Sir,

              I have applied for Nullity of Marriage under Section 12(i) A and C

Regards,

Kumar

kumar, my take on your questions (I am not a lawyer):

(1) Marriage can be declared null and void u/s 12-1 if you are able to prove medically that she is not capable of having s*x. Otherwise you can also additionally file u/s 13-1-1A for cruelty since denying s*x is considered cruelty and there are many judgements that say so but you should prove that s*x was denied to you.

(2) What compensation are you talking about? If your wife claims maintenance, you need to provide that. If you are talking about permanent alimony, let the experts answer.

(3) If you go for mutual consent divorce, it won't be declared void but you'll be divorced and go separate ways. It can be filed within an year under exceptional circumstances and in my opinion your case does fall under it.

Finally, my suggestion would be to Continue with 12-1 add 13-1-1A too for cruelty. Let it run till your marriage completes an year and then if she agrees, go for mutual consent divorce. Be prepared to pay money and facing her cases like DVC etc.

Get rid of any property on your name, take care of your parents from her.

She is working and earning Rs 15 thousand per month . So should I need to pay monthly maintenance?

Depends on your salary and standard of living. If it's high then you need to pay some. Also you should prove to the court that she's working and earning 15K p.m.