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suresh (support staff)     06 August 2013

Nullity or void marriage

Hi, my spouce has filed a petetion on me that to make our marriage void or nullity. She has given petetion as i tourted her, asked her dowry and betten her cruelly. And in time of marriage i hav been working in a good company and once marriage has been over i changed my organization and moved to better one where i am getting good salary than my previous one. But in petition she has filed as i made fraud by saying that i worked in X company and that is fraud. We married 2months back and without asking me her parents came to home and took her to their house month back. We lived together only for 20days.  Her parents or misleading her. Could you please help me what should i do?  When she left home i tried to call her but her mobile was switched off, and her parents dint allow me to meet her and they abused me since i call them and spoke. Could any one please help what i should do??



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 9 Replies

adv.raghavan (Advocate,9444674980)     06 August 2013

clarify whether it has been filed under sec 11  or sec 12 of HMA 1955, if u are sure only because of the above said reason she is going to ask marriage as voidable one, then from the facts what u give it should have filed under sec 12 of HMA, you donot worry it is difficult to prove such offences in the court of law except some serious things what they have discovered after marriage, if at all u have suppressed from them before marriage. with material evidence. if this is the case why should she give a petition for dowry harassment? and change around file a petition for decree of nullity under sec 12.

VNR (IA)     06 August 2013

Hi! Don't worry. Even if you've consummate the marriage no problem. Law is equal to all - in the sense in front of Law all are equal whether a man or woman or trensgender. Similarly in front of Law even the President of India or the Prime Minister of India or the Chief Judge of India has to answer properly. That's what our Constituion of India says.

First and foremost thing you've to do is findout a real Professional Lawyer who's Professional Ethics to sincerely fight for his / her client. All the very best to you!! God is Great!!

 

Shantanu Wavhal (Worker)     07 August 2013

where are u from VNR ??

 

i think the author is talking about HMA case !

 

Originally posted by : VNR

Hi! Don't worry. Even if you've consummate the marriage no problem. Law is equal to all - in the sense in front of Law all are equal whether a man or woman or trensgender. Similarly in front of Law even the President of India or the Prime Minister of India or the Chief Judge of India has to answer properly. That's what our Constituion of India says.

First and foremost thing you've to do is findout a real Professional Lawyer who's Professional Ethics to sincerely fight for his / her client. All the very best to you!! God is Great!!

 

 

suresh (support staff)     08 August 2013

Hi Raghavan,

Yeah, she has filed in 12 of HMA. Could you please suggest me the seriousnes of this ACT.

Yeah in same petetion she has given that after marriage they gave me some X amount which is a brutual lie.  

last week i got cal from anonymous (gents voice)stating that, "you wil not even get any lawyer and u r over".

adv.raghavan (Advocate,9444674980)     08 August 2013

she is claiming the marriage itself as null and void,has she filled any case under dowry,then why are u mentioning about dowry now? donot go by what others say.lot of links is missing pls come out in full . As of now yr wife had filed case under sec 12 of HMA this is the fact of the matter and try to concentrate only on that, and face other things if at all , it comes in due course on its merits.


(Guest)

A marriage can't be annuled or can be void within a year by sec 12 HMA without any stringent proof against the respondent reg. fraud

or coierce or undue reasons or any other things which would have abstrained the petitioner prior to giving consent.

as per your querry. she is telling the material facts of your job been supressed by you prior to her consent of marriage . But your counter is ------you have been in the same job till marriage but after that switched to high paying job than earlier.So,here as a proffessional,as a husband or you could say as earning male member you are absolutely correct.No contradictions will be held by your thoughts and freedom to choose your job and your career graph.As you have taken sincere step by choosing high salary job.Then what's wrong with it?

 

let her do what she want,she will only get back a big NO from the court.

 

Now from here,what you want from your wife and from your life too?

 

it's crystal clear that your wife is not satisfied with you she need money and other companion.

 

now you decide-------------

suresh (support staff)     09 August 2013

Hi Sufferer,

Thanks for you prompt reply, after reading your comments my mind is little cool now.. Thanks a lot.

Yeah as you said she might be money minded, we lived together only for 20days, dont know y she is doing like this. :(


(Guest)

Mention not...

 

A great saying A women is a puzzle the more you discover her the more you loose her.

B. Mishra (Govt.)     10 August 2013

under the law of evidence the court has power to presume the occurance of marriage between both of you. search this possibility also.


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