Legal Question in Family Law in India
Nullity petition regarding
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 overpoer 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'.Dear Group, kindly let me know, are these proofs, evidences, witnesses, & tele-talk recordings enough for the husband to file for nullity, how can the opposite party contest this, recording in CD is ok..?
3 Answers from Attorneys
Re: Nullity petition regarding
Yes the evidence can be admitted by the court
Re: Nullity petition regarding
You may seek dissolution of marriage on the ground of refusal of other party to cohabit; the entire evidence you have discussed may be used in your favour in divorce proceeds.
But you may need to provide her adequate maintenance on the basis of 'no fault theory'.
Re: Nullity petition regarding
Divorce is best solution subject to maintenance. All thinds may be used in evidence.
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