Dear Learned Forum Members
I have filed a case U/S 11 of HMA against my void wife for getting the marriage to be declared Null & Void which is already pending. My chief examination & cross are over. Written reply has been submitted from void wife where she has admitted regarding her previous marriage being dissolved only on notarised stamp paper ( she did not obtain her divorce decree from a competent court).She is a professional/surgeon and engaged in many business activities.
For the last 5 months, my case is stuck on my cross- examination as her advocate demanded me some of my documents on notice such as my passport, marriage photo albums, my salary records, my bank details,my d-mat a/c etc in order to continue with my cross-examination or else he wouldn't.( I have contested that these are not relevant to the case u/s 11 HMA in the light of issues framed- issues are Whether the marriage to be declared null & void, whether she acted cruelly as an alternate relief u/s 13 A, whether she is entitled to get Rs 50000/ compensation).
The Judge ordered me to produce the documents if I have them in my possession & the court will decide later wether they are relevant or not .And in case if I do not have the documents , then I need to give an affidavit to that effect ).
The case is stuck now. I do not want to give some documents like passport , bank statements as I apprehend they may file & fabricate false cases against me like 498 a/DVA/406 etc as they need material against me and also to discourage this foul practice of vexation and delay to ask me to produce for more and more documents during the case .
Sec 11 & some SC judgements ( Malhotra & Malhotra ) say that such marriages are void ab initio & non- existent in the eyes of law. so it is not necessary even to get decree of null & void and that one is free to remarry as the marriage is void ab initio( right from inception).
It seems my Declaration for nullity will take a long time. I will appreciate if the forum members can guide me as regards to the following:
1. How to open up the case again and expedite it for fast disposal.?
2. Can I avail remedy of moving High Court that the documents demanded are irrelevant.?
3. Should I stop the case where it is and take stay orders from High Court, since for me, her admittance in written reply that she was married & that her divorce was done on stamp paper of Rs 100/, is enough for me as I have discharged the burden of proof. And that there is no desparate need for me to get the decree which they are trying to resist. The marriage with me itself is void by her sheer admittance.?
4. Can I remarry without waiting for this decree of nullity ?
