Reg. null & void and mutual divorce

This query is : Resolved 
 

(Querist)
11 October 2018

Hi Experts,
I've applied petition for divorce under Null & Void in the family court. But for some reasons the court is not accepting my petition. The court has been sent 4 times for corrections in the petition. My wife is also ready to sign the mutual papers. My question is: Am I able to apply for mutual divorce now. Please suggest me a favourable solution.
Thank You All.


Vijay Raj Mahajan (Expert)
11 October 2018

For null and void marriage no Family Court will entertain petition for divorce.
The advocate who advice you and prepare petition for divorce is simply making fool of you.
The maximum you can seek decree of nullity for null and void marriage.
No divorce by mutual consent for null and void marriage.

ArunKumar G (Querist)
11 October 2018

Hello Mr. Vijay Raj Mahajan,
Thanks for your response.
I've applied under Null and void, now the court is not accepting the reasons which the lawyer mentioned in the document. So, court is not granting for further proceedings.
In this situation, my name would have been registered in the court record as "myself has been applied for null and void and the court has been rejected 4 times", likewise there will be some record under my name.
My question is, Since my wife is also ready for the divorce, Am I possible to apply for mutual divorce in the family court.

Thank You.

Prasanna Advocate (Expert)
11 October 2018

You first check with court whether case actually filed or not. If it is not, then file complaint with Bar Council of India through email itself, collect email id of local bar associaciation president and secretary and cc a copy of your complaint and take it from there.

You hire new advocate and get your null and void filed in court.

Sudhir Kumar (Expert)
11 October 2018

you have not stated any facts.

Dr J C Vashista (Expert)
12 October 2018

I agree with expert opinion of Mr. Vijay Raj Mahajan.
Check with your lawyer, the petition can be either for annulment (which you are stating as null and void) of marriage or divorce, it can not be both. In other words (just an example) you can not be male as well as female, isn't it?
Consult some other local lawyer.



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