Legal Question in Family Law in India
Can my husband annual marriage after deserting me for 2.7 years?
Hi
i got married thru hindu marriage act in feb, 2006 in delhi,lived with husband in his parental home in kolkata for 9 days,came bak to delhi and lived with him here for 1.5 days.then we both flew to dubai where we lived for 7-8 months.
i came alone for vacation in india.i lived with inlaws alone for 65 days who tortured me a lot.so i came bak to my parents.but my husband never communicated.he changed his job also but never informed.
after 1.5 yrs. of desertion i went to CAW cell,where he gave in writing that he doesnt want to continue.so few months later i filed DV Act,2005 against him and my mother inlaw for harassing,deserting & for maintenance.i still want to go back,and this has been appealed in the DV case file
my inlaws are purposely not receiving notices.wen they started getting them,my husband's advocate from kolkata sent me a personal notice (not thru any court) that my husband has filed for marriage annulment as the marriage is now dead,even though he's the one who deserted me.
further the advocate alleged that i hardly lived with him in dubai and we never lived together with my parents & i never lived alone with inlaws.these facts are false.
can he annul mrrg. after more than 3 yrs..on these grounds?
8 Answers from Attorneys
Re: Can my husband annual marriage after deserting me for 2.7 years?
No the grounds seems to be insufficient.
Re: Can my husband annual marriage after deserting me for 2.7 years?
The annulment of marriage may be on any one of the following four grounds: (i) the spouse must have been impotent at the time of marriage and continues to be so until the institution of the proceedings, (ii) party to the marriage was an idiot or lunatic at the time of marriage, (iii) consent of the petitioner or of the guardian was obtained by force or fraud. However, the petition presented on this ground will not be entertained after one years of marriage. therfore your husband cannot file a suit for annulment of marriage.
Re: Can my husband annual marriage after deserting me for 2.7 years?
The annulment of marriage may be on any one of the following four grounds: (i) the spouse must have been impotent at the time of marriage and continues to be so until the institution of the proceedings, (ii) party to the marriage was an idiot or lunatic at the time of marriage, (iii) consent of the petitioner or of the guardian was obtained by force or fraud. However, the petition presented on this ground will not be entertained after one years of marriage. therfore your husband cannot file a suit for annulment of marriage.
Re: Can my husband annual marriage after deserting me for 2.7 years?
The annulment of marriage may be on any one of the following four grounds: (i) the spouse must have been impotent at the time of marriage and continues to be so until the institution of the proceedings, (ii) party to the marriage was an idiot or lunatic at the time of marriage, (iii) consent of the petitioner or of the guardian was obtained by force or fraud. However, the petition presented on this ground will not be entertained after one years of marriage. therfore your husband cannot file a suit for annulment of marriage.
Re: Can my husband annual marriage after deserting me for 2.7 years?
As far as the service of summons is concerned, i case they are not being served by normal process, you can make an application for service through newspaper publication.
On the grounds written by you, it would not be possible for your husband to get a divorce. In case you tell the court that you want to go and live with him now also but it is he who is not allowing you, it would be impossible for him to get a divorce.
Re: Can my husband annual marriage after deserting me for 2.7 years?
these grounds may not be sufficient for annulement of marriage on his part.
Re: Can my husband annual marriage after deserting me for 2.7 years?
these grounds may not be sufficient for annulement of marriage on his part.
Re: Can my husband annual marriage after deserting me for 2.7 years?
There is a specific ground and time in case of nullity.The ground asyou stated in your information is not sufficient for getting the nullity, so you can fight in the court upon this ground and if it is proved that you are willing to restitute your congugal rights then you should apply to the court.As regarding to service of sommon in DV Act you should service either through courier or by the special massenger.
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