Legal Query on arrest, marriage annulment....

“LEGAL ANGLE”

Q & A

Q1.  Early Morning at 5.20 am Police has arrested entire family without any warrant as I said by around 3'O clock the Judicial Magistrate had remanded them based on the complaint received. Here, Police has filled up FIR around 1'O clock. But in the FIR they have mentioned that the complainant has come to PS and given the complaint at 8.30am. There is no investigation or no prior notice to the family. Here, No death or grave injurious or fights. The wife mentioned that only demand of dowry. But the family had spent 15 days in jail. The wife side had filed intervene petition that if they came out jail they would flew to abroad. Based on that JM has refused the bail application thrice.

Is there any rule for the arrest and refusal of bail applications? Due to the corruption, that family has suffered a lot. Is there any remedy for them? -  Mks

Ans. If JM has refused, you can go in appeal before the Higher Court and even file a writ to quash the proceedings before the High Court, you can also complaint to the Superintendent of Police for  Mal-practices and harassment by the police, as there is a clear direction that, it is mandatory to conduct inquiry in any 498A complaint prior to any arrest.

Q 2.  Marriage can be annulled under the special marriage act if it is not consummated due to the willful refusal of the respondent. Please suggest me I have one query on this, Applicant seen the 3-year wait, Now Applicant realized respondent willfully deserted. At this situation Annulment is possible because I learned annulment must be file within 1 year. Please suggest. -GVD

Ans. You do not come under the preview of annulment of marriage, as in India the mandatory requirement is to file a petition on the prescribed ground, is within one year of completion of marriage. Now you can only file a petition for divorce taking the ground of desertion.

Q 3. Consummation may be proved by medical evidence but how if consummation has not occurred and bride was not virgin before marriage?

Dear expert's, how could a medical examination may prove that the hymen which was broken is broken by none other than her husband only If a marriage been not consummated and bride is telling that it has been consummated but the original rupturing of her hymen was not from her husband? In that case how can husband prove that a marriage is never consummated? Please throw some light on this topic. -DF

Ans. Well, proving this point in the Court of law is rather difficult, as there can be n number of reasons resulting in this condition. However, if you think she is having an extra marital affair, please focus on this issue.