MyNation Foundation Forum » Miscellaneous » Marital Problems

Cancellation of Marriage

(15 posts)
  1. Yogesh
    Member

    Hello Sir, my self Yogesh from Aurnagabad, Maharashtra. I am 30 years old. My graduation has not yet completed due to some problems.
    My issue is that, on 25th April 2010 I got married to Priyanka. Our marriage was arranged marriage. Whole expenses of marriage was carried out by my parents, about clothings, food for guests, lawns expenses and jwellery everything of which we have all the bills paid receipts. At the time of fixing our marriage her parents told us her date of birth as 11-03-1991, so we fixed as the marriage, we just looked after girl and we made here mistake we didn't checked the family background. Whatever, we got engaged on 11-02-2010. When our marriage was fixed she was studying in 12th science, so at the time of fixing we (my parents) told her and also her parents that after marriage also we want her to continue her education and as I was doing my engineering education we told that we will like if she will also do same. That time her parents said us that after marriage she will be yours we will not have any interference in that and she also agreed to do education. Than on 25h April 2010 as fixed we got married. On 26th April 2010 she went to her parents house according to the customs in our religion for 2 days. On 29th April she returned. Later on, on 14th May 2010 I took her to her parents house for an occassion and we stayed there for 3 days. Her parental home is in Sillod, 65 KM from Aurnagabad. After that addmission procedures for engineering started. While at the start of addmission procedure we came to know that her parents lied us about her birth date, and said that she has cmpleted her 18years of age, but when we asked for her documents for engineering addmission they delayed for giving us so i persoaly went to her parents hosue and brought her documents, that day I noticed on her school levaing certificate that her birth date is 11-03-1993. She was also not allowing to touch me and have physical relations. But when I came to know her real age I was shocked. I told all this to my mom so my mom talked to her mother about all this and said that you have cheated us about her age. Than her mother said to my mom that, we didn't wanted to this proposal so we lied you and forgive us for this, understand our child she is minor she will come to know everything slowly slowly, and than we also forgot about that considering that marriage has been done so why to make it an issue now. In between addmission procedure was going on in May 2010 to July 2010 her parents came to our house several times and asked us to send her with them but we said as addmission procedure is going on how can we send her with you, always they argued with us. Later on in August college started, she got addmission in Womens Engineering College, 17 KM from our hoem outside city. She use to go by college bus. All fees and clothings and books expenses were carried out by my parents. Here parents never contacted us in between. But we came to know from college sources that she is always stucked on her cell in college with someone. So once without informing her I visited her college, that day nothing was wrong but she was shocked and in evening at home argued with me for why I visited her college. I also asked her many times does your parents contact you in college, but she refused that they don't, but I got call details of her number from telecom office, in which I found that she was in contact with her parents. Still me and my parents didn't said a single word for this to her. She used to step out of house for college in morning at 8 AM and returned home in evening at 7 PM. Her tiffin for college my mother use to prepare, we have some fruits trees in our garden every day my dad early morning use to pluck fruits for her to have in lunch break in college, while going to college dad use to bring her **** from shoe rack, she was told by my parents just concentrate on your education, mom told her all household work she will do. Later for rakshabandhan I took her to her parents house for whole day, later on dassera also we went and in Diwali also I took her to her parents house. But after diwali within a week her parents along with their 40-50 relatives came to our house on 14th November 2010. We were just 4 of us at home, myself, Priyanka, and my parents. We are 3 brothers and my both younger brothers are in US for job. On 14th November 2010 her parents and relatives, started arguing with us, with bad words, abused us and also had fight. They were demanding that stop her engineering education, and we said to them why are you saying this as all this we cleared before marriage was getting fixed and you all agreed that if you are letting her to complete education none will interefer for that. But those people had quarrel with us and took her away from our house along with jwellery she was wearing. They directly went to the police station. But I got afraid about that they might go to police station so I asked dad that we will go to police station and file case on them. So as we went to police station all these guys were stading outside police station, so me and my dad directly went to Police Inspector’s cabin who was on duty that time. We talked to him and told all this to him, he silently asked me her dad’s cell number and called him and asked to come inside his cabin. PI asked her dad what happened, so her dad said to him whatever Yogesh and his father told you is truly correct. Then PI said why you people are interfering in your girl’s married life let them do what they want to do but he was still refusing on to stop her engineering education. So PI said me Yogesh stop her education, for this I replied yeah sir we decided not to educate her now after all this. So PI sir said her father so now what they agreed to stop her engineering education, but then he said to PI that now our other conditions are whenever we will go to their hosue they should send Priyanka with us to our home, they should also send Priyanka for about 20-25 days in a month, if our home is far then at the distance of 5 min from their house my sister’s and 1 brother lives they should send her to their house for 4-5 week days. Than PI sir got shocked and scolded her father for their rubbish demands. PI even gaved his daughter’s example, he told them that his daughter was in LLB 1st year when got married that time I said her if your in laws allows you to complete education then you complete it or else leave education and be good housewife, do whatever your in laws and husband asks you to do. After marriage, girls parents should not interfere in their married life, and now my daughter has complted her education and living happy married life. Parents should just look after that their child is happy or not, should not demand such foolish things. PI even talked to Priyanka in alone in is cabin, within5 minutes PI called me inside his cabin and said to me Yogesh you will get many good girls, leave Priyanka, she is saying if I am forcely send to my husbands house I will attempt suicide or else will finish the whole family of my husband. And from that day i.e. 14th November 2010 we have been living separated. PI asked her to file case if she wants to against us and told me Yogesh don’t worry I am here none of these foolish peoples can touch you or your family and asked us to go home. So we did, but next day we were still afraid and gave complaint in police station about all this and PI also tooked it. Later next day from her college we got to know one shocking news and that was she was been caught with 2 guys doing illegal things in college. (as the college was just for gilrs, and college was outside city, nothing was around college no residential as well commercial area, so college authorities don’t allow girls to go out side the campus till the college timings, once the student enters campus at around 10AM they are not allowe to leave the campus till 5:30PM). But Priyanka was been caught red handed with 2 guys kissing, by the watchmen’s there. They tooked her to Principal of the college, their she conviced and requested not to inform all this to us and said that she will call her parents to talk with the college authorities. So as per request and considering that her future married life should not get spoiled principla called her parents and told this. Principal also told us that her father said that warn her and leave her for now and we will ask her in laws and husband to stop her education now. Sir she lived with me for about 6 months, in these 6 months we didn’t had much good married life. And from her behavior once I noticed that she was having boy friend. But was waiting that she should tell me about her past life but she never did. On 14th November 2010 she left my house, I gave complaint against her parents in police on 15th November 2010 and on 16th November when me and my dad went to her college to inform that she will not come to college due to some family issues their we came to know about that she was doing some adultery and was trying to run away with those guys from campus. That day we decided to get divorced from her and not to bring her back in our house. And on 18th November we filed case of cheating about her birth date considering that if we file petition about the college incidence and about her bad character her future life will get afftected and may be get problem in 2nd marriage. So we just filed case of cheating about her age. But in return she answered in court that her date of birth is wrong on school records, my husband is lying to court the true reason is that on 14th November my husband and his relatives tried domestic violence, she said in her plea that my husband and his relatives showered kerosene on her and tried to burn her alive. So she called our neighbours shouting and asked them to call her parents. Then her parents tooked her to police station and launched complaint. She also said my husband and in laws reason for domestic violence was that we demanded Rs. 5lacs for computer shoppee and some jwellery. Sir but we never did so, rather my parents always wanted a girl child but their bad luck they didn’t have for that they gave birth to we 3 brothers as they thought they will have 1 girl child. Whatever, my parents always treated her as their own child. Later our lawyer told us to gave complaint in “mahila takrar nivaran kendra” which is at commissioner office here. So we did, but there also she alledgedly launched complaint against us. And both her statements in court and in mahila takrar nivaran Kendra are different, in mahila takrar Kendra she just said that they were not allowing me to talk to my parents and all, and my parents only admitted me to engineering education and not my in laws. In mahila takrar Kendra our case was for 3 months and in all hearings their in these 3 months I gaved my statement that I am ready to accept her back but on some conditions that whatever she said in police station on 14th November 2010 before PI, she should accept it and should give in written that she will not do such illegal activities in home, and she also gaved statement that she want to come back to me but refused to accept her saying at police station. And her father gave bribe to the constables in mahila takrar nivaran Kendra and tooked result from their side and got letter for police station to launch complaint of 498 against me and my family for this we tooked anticipatory bail from court. Later from court our case was sent to Mediation centre there also case was for 2 months, but she didn’t attended single hearing neither her parents, so mediators send back case to the court. In court she gaved answer to my petition on 4th august 2011 that is after 9 months of I filed my petition. In between these 9 months she gathered some false documents about her date of birth as 17-3-1992 (false date) and not 11-3-1993 (her school records date). In court also till now 3 judges has been transferred all judges have said us to get this matter settled out of court. All these judges have explained her future consequences in girls life after divorce but she didn’t care for that. Now the status of the case is that her lawyer has cross examined me in 10th Jan 2012, and later she didn’t submitted her **** till the month of April 2012, she submitted her **** in last week of April 2012, and from 7th May 2012 to 10th June 2012. She was been granted interim maintainance money Rs. 1500 from me by the court’s order in Sept. 2011 from the date petition filed till the case gets over. One of my college lecturer told me that don’t worry you will not be charged for maintainance for life time not even for a single month as you don’t have any property on your name neither you have any source of income. She is delaying case knowingly so that she will get maximum maintainance money from me till the case gets over. On 26th of June she appeared for her cross, later she submitted her mother’s ****, again next date was 3rd july her mother didn’t appeared and again next date was on 13th July this time her mother appeared before court and gave cross. Now the next date is 18th July and she will be giving application for 2 more Evindences and cross examine to be take of doctor and gram panchayat official for her birth certificates.
    This is my case sir, I wanted to know what can be done now in this condition, due to this case I wasted 1 more year of my studies in tension, my whole family is in pressure that what will happen. My questions are : Her which documents can be treated true regarding her birh certificates school records of false documents which her mom brought after I filed petition. I have filed petition on 18th November 2010 and she gathered documents on 12th December 2010 and 24th December 2010. These dates are on the documents. And no outward nos have been given to them neither the signature of the officials are clear nor that officer’s name is clearly mentioned on it.

    Posted 5 years ago #
  2. Yogesh
    Member

    Sir I have submitted all her school records documents on which her date of birth is clearly mentioned. The documents are as follows : - Her Registration No. at the time of addmission in school which she 1st attended.
    - Her school leaving certificate after 10th.
    - Her Age Nationality and Domicile certificate, and to get this certificate she gaved her
    parents affidavit as she was minor in 2010, got these documents under RTI from
    Tehsil office.
    - Her 10th Passing certificate.
    - Her 12th Leaving certificate from college.

    Posted 5 years ago #
  3. Dr.Dsouza
    Member

    I dont think age is issue here. what age they told when you married her ?
    Nowadays no one marry 10/12 years younger as there are so many difference other than age and may conflict in marriage.
    whatever your allegation you have to submit Divorce petition with her pre/extra marital affair, age proof and cheating.
    give us more details about the case they filled. or her FIR statement to advice on your case than personal details.

    Posted 5 years ago #
  4. Yogesh
    Member

    Sir she haven't filed FIR, but was threatening us that she will so before they could do anything we filed petition in court. At the time of marriage was been getting fixed her parents told us that her date of birth is 11-3-1991, that means her age at the time of marriage was 19 years 1 month and 14 days. But her real date of birth was 11-3-1993 which we came to know at the time of her addmission in the engineering college, and for that also those people were not giving her documents to us, as they were affraid that we will know her real date of birth. Sir she didn't filed FIR but she gave complaint in Mahila Takrar Nivaran Kendra, where she said that we have done domestic violence with her and that too in the month of december 2010.

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    If she already complained to Women cell then that will followed by FIR with Police after their investigation. but you co-ordinate with police to give them correct picture what had happened. and also let them know you filled petition and they cheated on you.
    unless you have evidence / proof of her any Affair or anything just dont complain.
    it is better to get Anticipatory Bail by appointing a lawyer, or else police arrest you if you do not coordinate or not going for enquiry.

    Posted 5 years ago #
  6. vinayak
    Moderator

    Dear Yogesh from Aurnagabad

    I have read your sad story ;

    But let me get the following right / clear . Please give very clear / point by point replies

    1. do you want to live with this girl ? YES / no
    1.1. Reply : _______________
    1.1.1. IF YES, do NOT write in this forum / that forum etc ..... go get hold of some society / village elders and go to that female's house and talk to her and her parents
    1.1.2. IF all agree get her home ... forget all these mail , have some children and live happily ever after

    IF NO :
    2. IF you do NOT want to live with this woman, you have to prove the following
    2.1. This female herself is NOT willing to live with you ... meaning YOU are NOT the erring party and that she is trying to go away because of reasons best known to her
    2.1.1. How do you do that ?
    2.1.2. At the NEXT hearing tell the judge that you are willing to live with her and call her back, BUT she is going away giving all false reasons and excuses .....
    2.1.3. You have to make the judge understand that *you are not* the erring party , *you are not* at fault
    2.1.4. IF you cannot directly speak to the judge, At the NEXT hearing / argument date tell your lawyer to tell the judge the same and be next to the lawyer to see he says the same
    2.1.4. It is the primary responsibility OF THE COURTS to help in reconciliation between couple and help in the furtherance of marriage
    2.1.5. As long as the case (divorce case / DV case / RCR case) is NOT over and as long as the judge is willing to hear you can keep on repeating the fact that you are calling her back and she is NOT comming back

    3. Criminal case
    you say >>>>station to launch complaint of 498 against me and my family for this we tooked anticipatory bail from court. <<<<
    3.1. Now chill out ... the ball is in their court !! they have to run around
    3.2. in a 498a case, once you have bail and you have a lawyer and you continue following up, you are on the strong(er) side

    VERY IMPORTANT
    ------------------------------

    Read the law ...read the law ... read the law...

    Dr. D zouza has done an excellent job of adding a lot of legal resources and also case laws

    read ....read ....read..... keep improving your knowledge of law

    regards
    vinayak

    Regards
    Vinayak
    Posted 5 years ago #
  7. Yogesh
    Member

    Dr.Dsouza Sir she had already got the letter in the name of Sillod Police station from the womens cell to launch the 498 on me and my family, when we came to know this we had taken anticipatory bail from the court. Now the case status is that I have been cross examined by her lawyer and also she and her mother has been crossed examined from my lawyer. Now as per her documents which she submitted (gram panchayat office certificate of her birth saying her DOB is 17-3-1992, Dr. Certificate saying her birth date is 17-3-1992 and civil hospital certificate of birth saying her DOB is 17-3-1992, of the village where her birth took place) but all these documents are false. And as per I have her school records documents her DOB is 11-3-1993. That means she was minor at the time of marriage. And as far regarding police investigation the officer incharge has already said to me that let her launch the complaint none can touch you and your family cause now I know what had happened actually with you. So don't worry about the 498 to be launched against you. And the court from where I have got the anticipatory bail had posted letters to our area police station as well her town police station if the 498 is to be launched on Yogesh and his family then they should be informed 48 hours before the FIR is to be filed and then the legal procedure to be done.

    Vinayak Sir thanks for the advice. Sir but as what you asked me I will never bring such **** back in my family who were having pre marital affair and also continued after marriage.

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    in your old post you said she didn't filed FIR but she gave complaint in Mahila Takrar Nivaran Kendra,
    Now you says 498A is already filed and its in court. if its already reached Cross examination then you have full blownup 498A against you.
    forget about date issue that will be used only in Divorce, if you file.
    fight it out 498A or Dv 1st, as you already have AB then if police comes to arrest you, you can show your AB.
    you can call our helplines of MAharashtra if you want to diuscuss; or else give details of her 498a claims for more advice.

    Posted 5 years ago #
  9. Yogesh
    Member

    Dr. Dsouza Sir
    Sir I have clearly mentioned that, she left matrimonial house on 14th November 2010, and I have filed petition on her for cancellation of marriage (this petition as i have told the reason in my query as she was minor at the time of marriage) on 18 November 2010. But she filed case on me in Women's Cell, where the problem was not solved and she got letter in the name of Police Station to file the FIR of 498a, but we got the AB before she could file 498a, and also she didn't filed any complaint. But in court she is saying that she wanna come back, but i don't wanna be with her anymore now, as I can't trust her (as in my query i have told you that she was caught in college campus in involving in adultery n was trying to run away with two guys). Judge said us to settle down this matter outside court, but she told judge that he is not giving me money so can't settle out of court. I told judge that I didn't said anything like this neither to her nor any of her relatives. The petition filed by me is against her age that she was minor and I can't accept this marriage. Already my as well her and her mother has been cross examined. Now the status is that, i have submitted her school record documents (her 10th school leaving certificate, her 12th school leaving certificate, her 10th and 12 marksheets, her 10th and 12th passing certificates, and 1st school she attended registration no certificate on which her dob appears) Her all school record DOB is 11-3-1993, and at the time of marriage she and her parents told us her DOB as 11-3-1991. So according to 11-3-1991 she was not minor for the marriage as she already crossed 18years of her age but at the time of engineering addmission we got to know her real DOB as 11-3-1993 on her documents i have mentioned these details in my query. So according to her school records DOB at the time of marriage she was minor, we got married on 25-4-2010. Now that we three have been already cross examined, and she had given application for two more evidences of Doctor, who gaved her birth certificate on 24-12-2010 and gram sevak who gaved her birth certificate on 12-12-2010. But how can doctor give her birth certificate as her mother delivered her in civil hospital of the village and at that time doctor was different not whose certificate she got on 24-12-2010. She had gathered all false documents of birth proof. She had gathered both documents after i filed petition in court for cancellation of marriage. Now i want to know which DOB of her will court take as legal school records or documents which she gathered which are false.

    Posted 5 years ago #
  10. Yogesh
    Member

    Also can anyone give some cases judgements in which alimony has not granted, if the husband is not having any income.

    Posted 5 years ago #
  11. Dr.Dsouza
    Member

    There are 1000+ judgments are posted here http://mynation.net/docs/sitemap/ check all sitemaps; you can find it when you see the heading of the judgment; or you can search for the word you wanted to see in search option.

    Posted 5 years ago #
  12. Dr.Dsouza
    Member

    Never say in court that you do not want her back; keep that in mind.
    you say "once she finish all the cases then only you will take her back." as she filled false case and you she lose court will decide take her back or not. as she already cheated you giving false DOB and other details.

    Posted 5 years ago #

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