Nullification of marriage

Querist : Anonymous (Querist) 16 August 2011 This query is : Resolved
Would request your advice in the below case of my close relative. I am giving the incident details.

Marriage took place on 10 July 2011.
There was no consummation of marriage as the Girl said she is not well.
Girl disclosed on 19 July 2011, she has an affair with her driver and she cant continue staying with the Groom.
Groom handed over the Girl to their parents.
Grooms side wanted, Brides side to file affidavit for Nullity of marriage based on advice of Advocate.
The affidavit contains the girl stating she has done blunder by not stating material fact of having affair and hence declare nullity of marriage.
Brides side had stated to me that it is filed on 25th July,
Now we understand it was filed in civil court & they are telling it should get rejected first at Civil court and then it can be filed at Family Court.
Would like to know was there a need to file at first place to Civil court when this matter was of family court?
Now we are finding brides side may not file the affidavit.
Wanted to know if from Grooms side whether the affidavit can be filed.
Thanks a lot for taking out time and advising.

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ajay sethi (Expert) 16 August 2011
it would be necessary to peruse the contents of affidavit filed by girl in civil court .

in case girl is not willing you can make an application before family court for declaration of marriage a nullity under section 12 of hindu marriage act . it will be necessary for you to show that you have made attempts but marraige could not be consummated due to impotency of wife and it contines till date

Querist : Anonymous (Querist) 16 August 2011
Thanks for prompt advice. In this case the girl has signed the affidavit stating that she has done a blunder by not revealing her affair prior to the marriage. It has been signed by her and all elders of girlside also agree with contents of the affidavit. What I understand is today, the affidavit has been rejected by the Civil court stating that this case comes under the jurisdiction of Family court. As the affidavit is rejected, there is a chance that girls side may not file the application. In that case by stating the same reason can groom put the same affidavit and seek nullity. In this case question of impotency does not arise. This might be coming only under concealment of facts prior to marriage. Need your views please. Also would like to know how long usually it takes for declaring the marriage nullity? Thanks a lot.

Raj Kumar Makkad (Expert) 16 August 2011
Civil suit might have been rejected and not affidavit as you said. There is no law of rejecting an affidavit filed in a case. Certified copy of the affidavit filed by girl side can also be obtained by you by applying it if they have withdrawn suit. You may file petition under section 12 (1) of HMA on the sam ground written in the affidavit and I hope it shall be decreed accordingly.

Arun Kumar Bhagat (Expert) 21 August 2011
Petition for nullity of marriage has to be filed after one year from the date of marriage and also from separation.

Querist : Anonymous (Querist) 21 August 2011
Thanks. But while going through section 12 it is not mentioned about the waiting period of 1 year? Also as the girl and boy are not staying together , would like to understand the need for the waiting period of 1 year.

Thanks

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