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AryaVrat (Executive)     14 March 2015

Nullification

I was blackmailed to marry under force under duress of committing rape and suicide by a girl. I refused but the same continued for over few days and I had no option. Also two days after this event in which her friends were present. Two days after this when I tried to tell her parents this, seven men and some females in her family circled me and forced me to admit it in a video recording. I had no idea what to do and I had no proof of it. I refused to live with her and for 7 months collected all proofs.. And ran away and have filed petition for nullification. She threatened to file 498a and I went for police counselling twice but nothing came out. Now two and half months are left for one year period to be over. The girl is ready for mutual divorce but not for nullification. I have proofs of her admitting forced marriage on call records, emails, chats, recordings. Lawyer says we will file petition for nullification and will hold it or a while and if she refuses mutual will go ahead with nullification as nullification in spite of proofs is very hard and takes time. Lawyer says we will go for mutual with clause as non consummation of marriage. He says move to other city and after that live your life, marry and enjoy life. He of course didn't advise to hide divorce but said but many ppl do it. Please advise on following. 1. Since marriage will be non consummated, can I hide it. If I do, can anyone come to know from anywhere if I am a divorcee from any records if nobody tells. 2.is nullification with proofs also so hard and time taking? 3. Is my lawyer advising me the best options? I have paid 35000 till now for nullification and anticipatory bail? 4. She is using 498a as a instrument for negotiation, is there anyway to curtail that? All good lawyers her, please advise.


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 2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     14 March 2015

Sir, In nullification you will not be considered as a divorcee..... Nullification is difficult to prove but since you have got sufficient evidence then fight for it .... No way to curtail 498A .... Fight that case on merits...... Regards Kapil Chandna Adv 9899011450

AryaVrat (Executive)     14 March 2015

Thanks. Can anyone reply to my point wise queries? Kind Regards

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