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Author Topic: Marriage Nullity - No Physical Relation, Wife Did Adultery  (Read 962 times)

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Offline Legal007advice

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Marriage Nullity - No Physical Relation, Wife Did Adultery
« on: August 03, 2015, 07:35:05 AM »
I (unfortunately legally Husband ), got married 1.5 years ago. On first night, girl/"So called wife" denied getting physical and said she has taken vow of "Sherawali Mata" for 11 days. After this sex life will be great. I believed it. I was not in hurry too Marriage is long term relation. She also kept behaving strangely and badly so to make sure that we don't get physical. After 11 days she fought and went back to her parents home.

After two months, I caught her with her affair. Both were drunk and alone in a rented room. Somehow, I also got her of objectionable photos from Facebook with her Affair. On that night,When I caught her, I called the police and her parents,her parents in police station with folded hands said they will solve this is peacefully outside. My parents believed them, so we wrote statement to compromise in police and no FIR were registered. We wrote than we both don't want to live with each other.

After a week, they started demanding 15 lakh rupees on the name of "shadi main kharcha ho gaya" ( they incurred expenses in marriage). So, I applied a petition under 156(3) U/S 497 ( Adultery ) against her Affair. This is in session court now. No FIR registered against them. However, they lodged counter FIR after 10 days using fanciful stories of unnatural sex, Dowry, Violence, threating life etc etc against me. They also involved family members in dowry and violence in that FIR. Police arrested me to recover her belonging but I got bail on first hearing. There is no charge sheet but might be filed soon.

Question 1: I am preparing for UPSC/SSC. If i got selected, Can UPSC/SSC withhold selection or reject on basis of FIR/Chargesheet? I am on Bail.

Question 2: Can marriage be Nullified as there was no consummation of marriage/physical relation in 1.5 years and moreover, she did adultery. If no, then how much time it can take in getting divorce in this case?

Question 3: Is paying 15 lakhs the "only quick option" to bring peace in family? She can also do more drama to implicate me and my family in more cases which she always threaten.

Offline adv.amarnath

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Re: Marriage Nullity - No Physical Relation, Wife Did Adultery
« Reply #1 on: August 13, 2015, 12:15:03 PM »
Answer to Question no. 1
No. You cannot be rejected by the concern department until and unless you have been proved to be guilty be the court.

Answer to the question no. 2
Yes, the marriage can be nullify under relevant provisions of Special Marriage Act. If your marriage is being registered under Hindu Marriage Act, then you have no scope of nullify the same as it will be deemed that marriage has been duly consummated. Now, nullify the marriage is very tough after so many years. If you have proper and cogent document and/ or evidence that marriage has not been consummated then you can act accordingly. But as per your version, she left matrimonial house after 11 days from the date of marriage. So there is no prove and/ or cogent evidence that between those 11 days the marriage has not been consummated except verbal statement. So, it better not to opt that procedure.

It was a great mistake to withdraw the complaint from the concern police station against her adultery actions. But you can produce the withdrawal letter  as well as photographs to the concern court where the case is being running against you filed by your wife or you can file an appeal before High Court for quashing all the charges against you brought and/ or framed by lower court if the evidence has not yet been started.

Answer to the question no. 3
Don't agree to pay lump sum to get peace. This decision will be more blunder. I am sure your lawyer will take proper steps and actions. Law says that if a wife lives an adultery life then she will not get a claim/ maintenance ans the husband has a right to get rid of her by filing divorce under the ground of adultery and cruelty with cogent prove. To get permanent peace you have to wait and fight for justice. It is also said in our Epic Mahabharat as well as in Gita "to fight for dharma"

Last suggestion is that if the wife asked once again for Rs.15 lac.. then you ask for written request from them in word to word. On that situation they will turn back.

Regards,
 
Amarnath Sanyal
Advocate
Mob 09830303322
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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