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MKSingh (Personal) 26 October 2013

Rcr counter as “forced marriage”.

Hi Experts,

First of all thank you so much for all the help you do in this forum LCI.

This is reference to the my previous post,

https://www.lawyersclubindia.com/forum/What-is-correct-please-advice--90340.asp

I have filed for RCR, in return they have given the counter as “Forced marriage”.

The respondent is saying in the counter, “as the marriage without my consent and the same force on me, under threat and coercion to harm me and my family with serious repercussion, while backmailing with criminal intimidation, threatened to commit suicide and hold me responsible, as such I was per forced to go through the motion of marriage. Which is sham, illegal, void and unenforceable and he took photographs with malafide and ulterior motives, which does not prove Marriage even otherwise, as it was not solemnized under customary rites and ceremonies, including Saptapadi Ceremony as per HMA 1955 U/S 7(1)& (2), as such Marriage is void and illegal, and he has no right to claim RCR. ”

The respondent is filing a new case for nullity under fraud as mentioned above.

Note: The marriage was with mutual consent and I have the proofs. I can fight and win the case but this will take years, so I’m thinking to drop not sure right decision or wrong decision please advice.

My questions?

1) What if I withdraw the RCR and not attend the nullity case by the respondent?

2) Can we both get nullity of this marriage without jail or penalty?

3) Will this impact my carrier or future or any punishment to me or problem while visa?

a) Or shell I Win RCR then take MCD/DV? Which will take years?

Please advise.

Thank you,

Mukesh Singh.

Reply Follow

6 Replies

(Guest)

My questions?

1) What if I withdraw the RCR and not attend the nullity case by the respondent?

Opinion: You will become exparte and relief prayed within the petition will be granted to her.

2) Can we both get nullity of this marriage without jail or penalty?

Opinion: yes of course...!

You are lucky that your wife is asking nullity , you have cracked a jackpot dude.

Don't let this offer to go by hand.Simply talk to her amicably and see her petition what she had mentioned in that,if any penalty or compensation is prayed for relief then tell her to cut that point and happily accept all and live a life of again unmarried man as this will not give you a tag of divorcee.You will be freed within short duration of court procedure a may be a month or 2 if both will act in a planned way.

3) Will this impact my carrier or future or any punishment to me or problem while visa?

Opinion: That what I have suggested above.

a) Or shell I Win RCR then take MCD/DV? Which will take years?

Opinion: If you have got some extra part time from GOD or you may say roaming around the court is your part time hobby then definately you can choose the above process i.e waiting for RCR decree,then waiting for her to join you......then again go to court to tell that "my lord my wife not joined me",what to do now??.......then he will tell you file for divorce.....then again file for divorce and if divorce granted also then if she feel to harass you ...she will file for appeal with all her cock and bull story.....and this will continue.....

(Guest)

Even you get the nullity certificate, you will still need divorce decree if you want to get married again.

(Guest)

Even you get the nullity certificate, you will still need divorce decree if you want to get married again...lol

Sec-12 HMA is read as a marriage when proved voidable then it will be dissolved by granting the decree of nullity and not divorce.

12. Voidable marriages.

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) 5[ that the marriage has not been consummated owing to the importance of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[ was required under

1. Ins. by Act 68 of 1976, s. 3.

2. Sub- section (2) omitted by s. 3, ibid.

3. Subs. by s. 4. ibid., for sub- section (1).

4. Ins. by s. 5, ibid.

5. Subs. by s. 6, ibid, for cl. (a).

6. subs. by Act 2 of, 1978, s. 6 and Sch. for certain words (w. e. f. 1- 10- 1978 ).

section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 ], (2 of 1978 ) the consent of such guardian was obtained by force 1[ or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub- section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub- section (1) shall be entertained if-

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife- after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub- section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 2[ the said ground].

So,the party will NOT need divorce decree if he/she wants to get married again.

(Guest)

Now if part may go with sec-11 HMA also:

Section 11 in The Hindu Marriage Act, 1955

11. Void marriages. Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 4[ 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.

So,here also No divorce decree is needed as marriage is declared void ab initio i.e means void from starting and therefore dissolved by decree of nullity.

MKSingh (Personal) 28 October 2013

Can any one please clarify the third question.

3) Will this impact my career or future or any punishment to me or visa problem?

Or any other option you feel please advice.

Can I request the judge asking for nullity as this was consent marriage showing proofs but the respondent is now saying as forced marriage (threat, blackmailing, etc.).I believe we cannot leave together happily after all these false allegations by the respondent and her family. More over I have to take care of my family, career and job. So I want to nullify this marriage under fraud by the respondent as she loved me, married me now listing to her parents she is making me fraud and now saying no love, no consent marriage. Can I do this and can I get nullity by telling the fact of the story?