Legal Question in Family Law in India

help please !!
the husband is having his parents & family friend (of different religion & caste) as witness in front of whom his wife told that she was forced for the marriage without her consent.also, there is a tele-talk recording between husband & his FIL wherein, the FIL has stated that - 'we r wondering how our girl could say so, may be she is under the effects of an evil spirit (uspe bhoot baadhaa huyee hai), but we scolded her for her such talks, how can anyone talk such things for his/ her own parents?' also the husband has tele-talk recordings in which he has time-to-time informed his FIL about the resistance from the wife for not allowing any physical relation to be established, in which te FIL has told 'she is not even listening to us, u threaten her of slapping, u threaten her that if she has to stay there she has to sleep with the husband, u overpower her (aap dabao usko), even we'll not take her in our home, if she leaves ur place & comes to us', also the husband has one SMS wherein the FIL had asked - 'how's her behaviour now'. Respected lawyers, with these evidences, can the husband 'surely' succeed in his nullity petition, in wat all ways can the opp.party advocate contest this, pls.make us aware, so that we r prepared

Asked on 11/12/08, 11:03 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: help please !!

There is no such think as "sure" in a litigation. A host of factors determine the fate of a litigation.

You may have a good case to fight.

You should keep in mind that you may have to pay maintenance and litigation expenses to the lady, depending upon financial status of the parties.

It is better you find out a solution to settle the dispute amicably. The litigation will be costly and time consuming; the results being uncertain.

Answered on 11/12/08, 5:52 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: help please !!

these recorded conversations would not help you getting any relief in ur nullity petition as it all seems to be manipulated. moreover, there is no such ground mentioned on the basis of which marriage can be nullified. in case of wilful refusal of wife, u ll have to show her refusal and her father's telecon would not be accepted as evidence.

Answered on 11/14/08, 5:51 am

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