498a, dp act & marriage annulment : consanguinity

True_Fighter (Querist) 14 October 2014 This query is : Resolved
Hi Learned members....

Request you to help me to handle, analyze and solve this case

Situation of the case in short
A: Women
B: Man
PW1: "A"
PW2: " A's" mother
PW3: "A's" father

1: A married B, parents from both sides were not aware of this marriage.

2: Relationship between A & B falls under prohibited degrees of relationship as per Special Marriage ACT (1st Cousins)

3: When parents from both sides got to know about this secret marriage, parents from both the sides opposed for this relationship, however...."A" and her team ended up filing 498a and DP 3/4.

4: "B" was arrested and released on bail after spending few hours in JC.

5: Trial of 498a, DP 3/4 has started and PW1, PW2 & PW3 have to come and record their statements.

But PW1, PW2 & PW3 are proposing MCD during out of court talks.

As the relation between A & B falls under prohibited degrees under Special Marriage ACT, MCD stands no good. Divorce/MCD is applicable for valid marriages only and not for consanguinity.
(Correct me if I've mistaken)

I request the learned members to share a draft copy which can be used for annulment process under consanguinity. And also necessary citations.

Looking forward for valuable feedback and the draft copy as-well.

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