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hw can i join with my wife again..caste issue is their

how to prove to the court this is a caste issue involved
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i want to live with my wife
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Author Topic: WIFE APPLIED FOR NULL AND VOID  (Read 445 times)

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Offline vijisony88

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WIFE APPLIED FOR NULL AND VOID
« on: April 25, 2016, 10:12:26 PM »
we did register marriage on june 2013.due to caste problem my wife seperated from me on dec 2014 nw she appllied for null and void.i want to live with her i put conjugal rights ..counselling failed..both the cases are pending..how can i proceed to live with my wife.
she is threatend by her parents so she is not able to live with me..how can i prove this is a caste related issue and prove to court ..i have all evidences against her parents voice recordings,video and messages..i want justice and my wife
by applying null and void whether she marry again?? i have filled conjugal also so she cannaot marry right?
please suggest me with proper guidance..am confused a lot..

Offline advgaurav.sharma

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Re: WIFE APPLIED FOR NULL AND VOID
« Reply #1 on: April 25, 2016, 10:31:35 PM »
To file  for Null and void there are certain things that needs to be fulfilled.

Yours appears to be a love marriage hence chances of court granting your marriage null and void is practically ruled out.

by the way was she under aged at the time of marriage.

Read this article to get some idea what null and void marriage is:
Nullification of Marriage - An Annulled Marriage
« Last Edit: April 25, 2016, 10:33:17 PM by advgaurav.sharma »
Advocate Gaurav is a specialist in Trademark laws

Offline vijisony88

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Re: WIFE APPLIED FOR NULL AND VOID
« Reply #2 on: April 25, 2016, 10:52:35 PM »
no ..she was 24 at the time of marriage..
am a lower caste person she is higher caste..family persons threatened and she is telling lies in front of court that the marriage was without her kowledge happened..i have submitted all the evidences that with her willing only marriage happened..nw they filled a criminal case against me that i attacked my wife so and so..that also i submited all the evidences to police..they also found this is a false complaint....but it will go to court form their i have to prove this is a false complaint against me...the thing is am very strong in this case and i want to live with my wife..so her parents and her lawyers putting this type of cases to torture me..i dont want to give up and live with my wife..she is surrounded by parents and neigbours so she is helpless..

Offline advjaibansal

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Re: WIFE APPLIED FOR NULL AND VOID
« Reply #3 on: April 28, 2016, 02:00:47 AM »
Dear Vijisony,

Ultimately it depends on your wife, whether she wants to stay with you or not. She has to be strong enough to take her own decision and rise above caste and other problems. In case she wants to stay with you. You may continue to contest the cases and press on your RCR case, but please remember that even if you win the RCR case, it cannot compel your wife to come and reside with you.

The other option is not to continue with the litigation and accept the demands of the wife and stay separate after getting divorce. please evaluate the situation and take your decision accordingly.

Please feel free to revert back in case you need any clarification.

Regards,
jai bansal
advocate, new delhi
supreme court of india
bansal.jai@gmail.com
mobile: 9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: WIFE APPLIED FOR NULL AND VOID
« Reply #4 on: May 01, 2016, 03:27:18 AM »
If you want to get relief in long term then my suggestion will be let her win the case of nullity. This will be a good option for you because if you contest her case then it will be dismissed and again she will be eligible to file a divorce case. On that situation she will claim maintenance as well as she can file 498A against you.

By court order you cannot bring her at your home to resume your conjugal rights. It may be tough for you to accept my advice but appear in her case and mutually agree to pass a decree for nullity of marriage, so that no adverse order being passed against you.
Regards,

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

 

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