Petition filed to nullify the marriage- plz Advise

Hi Brother

Seems like I'm reading my own case, excepting the my wife was not married previously. My condolences for you bro! dont worry things will be fine Just believe in one thing, you're the anchor of your life.

Well, now lets start, be prepared with 2/3 things

Appoint a good criminal lawyer & get AB bail for your parents beforehand itself (you're going to receive a summon from police station about 498A, 406, 125 CRPC.

Secondly, try & explain to your lawyer about her previous marriage & see if the lawyer can infer anything once the case starts.

Dont file any Section 9/RCR etc, as it will not mean anything (your lawyer might suggest so) but I would suggest not to go ahead with it.

as you said, your wife is already working, hence, you try to arrange some records of her employment (any letter, any Id card, salary account statement, anything which might be helpful for you to prove that she is earning and capable to earn, as you're also going to face a alimony case too

now the trickiest part

Impotency : Ha, ha ha, we men can only laugh about this when our dearest wives mention this word in her case, as if we have some weak bones and they have the most godesslike organs. Brother, Annulment of marriage is medico-legal case, hence, yes, you need to go for a test of it (PIPE TEST they say) but I suggest, hold on your horses, cause, if you do now, and found that you're perfect (which i believe you must be) then also once the case starts, if your wife's side gives an objection, the court might ask you to go for the test once again. Hence, I suggest, not to be done, but your lawyer might ask you to get the same done, now you discuss among your friends and well-wishers and also ask your lawyer what could be the best option for this test (Now or later)

Well now to answer your query, there is only one way of coming out of this, Mutual Divorce (which your wifes side will not seek as of now,as you said they are money seekers, but as a matured man, you can staright away ask you FIL/MIL or any close relatives of your wife. Tell that you've got proof about your impotency and, hence the annulment case will not stand, so better go for MCD, reocrd whatever they say and use it against them, they may blame/shout/yell upon you/your family members but dont loose your cool, as I said in the begining, you're the achor.

After consultation with the lawyer, try to slap your wife with

Fraud (Previous marriage not informed)

Extortion (Asking money against domestic violence case)

Defamation (Impotency Clause) & some more which I'm not able to re-call but definately will be tell you soon, & sit back and enjoy.

But dont forget Anticipatory Bail from High Court ASAP for yourself and your parents.

Look brother, if you're true by your heart, you shall come out as winner, this is what is driving me & shall drive too..

Some more thing to add,

1. Had it been documentated, that her items had been taken away by her brother & herselves, if not, pls file a FIR to police station about theft of those items from your custody and put a prime suspect to your Brother in Law, you lawer will frame it in a super nice way, if it is documented, then also it is benificial, as you will have a upper hand if she claims her streedhan items from the court
2. All the items which had been given from your relatives, pls do not return to them, She will definately be asking by Hook or crook, your lawer needs to prove that those items are given as for time being not handed over (VAT Bills would remain to your relatives in their names only, hence the same needs to be taken up strongly by your lawer)

If you want to disprove her petition allegation you have to take strain .  First appear and file objections to the main petition.

Since she has already filed a void marriage petition you should file a stay aside petition from her allegation with no objection on her divorce prayer.

This will help to get your divorce quickly. Remarry and be happy.

Another thing, Please file this petition Party-in-person (Without Advocate). 

Advocates will always seduce you to prologage the matter and extort you in these cases.

You can see my links in my profile to get a sample WS petition and draft it by you, notarized with court fees, serve a copy to the petitioner (opponent lawyer) in front of the magistrate so that the magistrate will record it and submit the original WS to the magistrate.

Once you get divorce then you can file defamation case on her (IPC 499 read with IPC 500) by showing your medical report. 

Please understand this tactic.

Yes I agree with Rocky under the assumption she has indeed treated you cruely by refusing to consummate and brading you the way she thinks. In case you need help you can reach me at fredycharles@yahoo.com or 9886627403  in Bangalore.

Thanking all for the replies,

In her petition, she has stated that it was me who refused to consumate. I always sensed the danger from her and her family. She never used to talk to me and never showered her love upon me.

You people won't believe, if I say that She didn't even saw our marriage photos and CD's.

she has mentioned that she did everything from her end to vow me into intercouse but I refused for some reason and hence she has termed me as impotent.

Infact, I lost peace of mind because of her attitude. I was on the verge of losing my job after marriage as I was working as a contractor with PwC Service Delivery Center.

I lost my job, after she moved out from marital home. By god grace I was able to find a job within 20 days.

I had also told her brother that I might end up losing job and want to cancel this marriage. Then he said that I don't have to worry about this and encouraged me that I would find another job since I have experience.

Infact, he said even his sister has impressed her interest to marry me. All this got turned after marriage.

I forgot to add this, 

We are 100 percent sure that she was married before and got divorced, but we don't have proof with us and none of the people will come forward to tell this in the court.

If she had got  divorced, will the records be available with the court?

Can my lawyer, request for the same. I am saying this with 100 percent confidence that her marriage with me was her second marriage, they cheated us by saying that the eariler marriage was cancelled.

First do what I have advised you and keep me posted. Then I shall advise you.

Sample WS is attached. Make it "Written Statement" instated of "Written Objection" and pray accodingly.