• Nullity of marriage

Mine is the case of nullity of marriage, I got married one year back. I lived with my wife for 3months. After 1 month of my marriage I observed my wife can't see the things with left eye. The other right eye which she is seeing have been operated by doctor and told that it will also be detoriated in future. I request her to consult a doctor about her eye situation for which she refused and threatened me that if I tell to my parents or any of my friends and relatives she will suicide. Apart of this problem I am facing the main issue about our cohibatation, we never had any sexual intercourse.
 
In the meanwhile we had fights regarding about our cohibatation. I was vexed with all the things about her eye situation, threatenings, and cohibatation. I finally told my parents my situation. They got disturbed and asked their parents for panchayat. 
His father who came for panchayat and told him about my situation and demanded that how could he suppressed the fact of his daughter eye blindness and discussed about his daughter refusual of sexual intercourse. His father who got aggressive, hit me and my parents and took her daughter to his home.We have recorded everything in cc camera. 

So we filed the nullity case of marriage and the notice also been served to the girls parents. One day all of a suddenly their parents and some of goons forcely came into my home and saying that they won't leave. I was told them them that I will record everything, for that his father hitted me, my mother and my sister. Later the girl, her father shouting at me saying that I am impotent. They abused me, hitted me and threatened me. For none of their warnings, I haven't hit them or scold them. I was telling them that I am going to submit my evidence of cruelity in the court. Some of my elders came and interfere in the situation. So the girl father demanding that he need 50 lakhs, house which we lives, he wants to remarry her daughter and we have to pay the expenses for it. If all this demands fulfilled then his daughter is ready to give a divorce. 
All I want to ask is
1) After filing a divorce case can my wife come to my home? 
2) The girls parents are threatening me to remove the case.What can I do? 
3) The girl father misbehaved, abused and hitted my mom and sister can I file a domestic violence on them?
4) The girl father who hitted me on my testicles I have undergone through lot of pain, can I file any criminal case on him? 
5) While we are recording the girls family saying that these recordings won't help you any where, does the video and audio clips are really not helpful in the court?
6) Please let me know what are the steps I need to take here after?
7) I don't want them to come to my home again, how can I do that legally? 
8)The girl father saying that he will file wrong cases on me like 498a and dv, if I won't take the case back. What shall I do ?
9) Regarding about her father demands what can I do? I can't able to fullfill any of his demands
Asked 5 years ago in Family Law
Religion: Hindu

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4 Answers

1) she can come to stay in her matrimonial home 

 

2) refuse to bow down to pressure tactics 

 

3) your mother , sister should file case against father in law 

 

4) you can also file case against your father in law 

 

5) audio and video recordings are admissible in evidence 

 

6) in event false dowry harassment case is filed apply for and obtain anticipatory bail from sessions court

 

7) no need to pay money demanded by in laws 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1.  Your wife shall remain your wife till the court is dissolving the marriage either by a decree of divorce or by a decree of nullity, hence so long she remains your wife, she has the rights to reside in her matrimonial home.

2. You can challenge them, since you already filed he case seeking annulment of your marriage, you can proceed with the prosecution without getting frightened about their threats. 

3. You cannot file a domestic violence case, but your mother can file a domestic violence case besides you can lodge a criminal complaint against her if she had assaulted you people.

4. You can.

5. The Surveillance camera recordings are admissible as primary evidence in court of law, hence you may ignore her father's threats.

6. You can immediately call the police and give a complaint if they become violent and start assaulting you people.

7.  You cannot stop them from coming to your home because it is not known that what they will do and when, hence you better take action as suggested above if they come again.

8. Don't be deterred by his threats, you continue with the prosecution of your case against her without giving room to such threats. 

9. Do not accept any demand from her father and you can refuse to pay even a single pie, let him do whatever possible by him, you can seek legal protection agaisnt the proposed harms that he may try to do to you. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. Only for residence orders from DV court. 

2. It's your discretion

3. Yes

4. Yes

5. It is only if properly proved in court

7. Take restraining order through court DV or Senior citizen court. 

8  file complaint against him. Don't visit police station without anticipatory bail. 

9. Don't fulfill

 

 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. She can as she has the right to residence in her matrimonial home during the subsistence of her marriage.

2. File a complaint and get the FIR registered under Section 323 and 506 IPC if you are threatened.

3.  Of course, your mom and sister can file a FIR against him.

4.  FIR is made out against her father under Sections 324 and also possibly 307 IPC for attempt to murder.

5. Audio/Video recordings are admissible in evidence in court.

6. File a suit for injunction to stop them from entering your home.

7. If 498A is filed then apply for anticipatory bail.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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