ground of null and void
soumyajit das
(Querist) 23 February 2017
This query is : Resolved
We registered our marriage through special marriage act. Now my in laws brutally forced my wife to file a petition of null and void. That is why I want to know the exact ground of null and void.
kavksatyanarayana
(Expert) 23 February 2017
What are the grounds for filing petition of null and void. specify clear query with full particulars to get reply for your query.
soumyajit das
(Querist) 24 February 2017
Their main point is we did not stay together and I forced her to sign in all of marriage registry process. On basis of this they filed a petition.
Adv. Yogen Kakade
(Expert) 24 February 2017
Don't worry.. under the circumstances stated by you it not easy for her parents to prove it as null and void. If your wife is in your favor then no need to worry.
soumyajit das
(Querist) 24 February 2017
But their lawyer is saying that easily they will get the null and void judgment by court just because we did not stay together and I forced her to sign the registry papers and all tge witnesses are my friend. Probably my wife will not commit anything in favor of me at court as her parents emotionally blackmailing of suicide.
Kumar Doab
(Expert) 24 February 2017
Agreed with experts.
Kumar Doab
(Expert) 24 February 2017
You have posted that:
"Probably my wife will not commit anything in favor of me "
Another Perspective:
If you are also not interested in litigation, separate with mutual consent.
soumyajit das
(Querist) 24 February 2017
They do not want mutual divorce. They want null and void. Me and my family told them several times for mutual consent but they did not listen to us. They just want to prove that her daughter is innocent and I am the culprit just because at the time of her remarriage they want to show that their daughter is innocent.
Guest
(Expert) 24 February 2017
Mr. Saumyajit,
Your query is amazing, as your wife has to file a petition for treating her marriage with you as null and void, but you (not your wife) want to know the exact ground of null and void, in spite of the fact that you have already mentioned the exact ground included in the petition, as you stated, "Their main point is we did not stay together and I forced her to sign in all of marriage registry process. On basis of this they filed a petition."
So, you already have the exact ground with you as already included in the petition, itself.
IN FACT, YOU HAVE NOT BEEN ABLE TO EXPRESS, WHAT EXACTLY IS YOUR PROBLEM AND WHAT YOU WANT IN THE CASE, WHICH YOUR OWN LAWYER HAS TO SORT OUT FOR YOU.
Better rely on your own lawyer and discuss frankly with him from time to time, as per the trend of the trial.
Kumar Doab
(Expert) 24 February 2017
“all tge witnesses are my friend”
Keep the friends/witnesses (unshakable) and your own very able and senior counsel specializing in such/family matters by your side.
If your wife is NO more interested to side with you, defend your interest and your own able counsel at your location can defend you.
Sudhir Kumar, Advocate
(Expert) 25 February 2017
"Their main point is we did not stay together and I forced her to sign in all of marriage registry process. On basis of this they filed a petition."
non-consummation of marriage could have been a valid ground for nullity if it was Muslim marriage.
as the this described by you indicate that they are yet to know that 2+2=4.
It is registered marriage and the concerned govt authority (as per evidence act)is supposed to have acted correctly unless they are able to prove to the contrary. one cannot be forced to register a marriage and the registering authority is bound to ask both sides in open if they have given free consent.
Unless they agree for divorce the marraige of the girl cannot take place.
Guest
(Expert) 25 February 2017
A strange race for making variety of posts by some experts suggesting ways for divorce or otherwise, when the author is desirous of knowing ground for making his registered marriage as null & void for and on behalf of his wife!
Sudhir Kumar, Advocate
(Expert) 25 February 2017
http://www.lawyersclubindia.com/experts/procedure-of-mutual-divorce-629306.asp
is this same case
Sudhir Kumar, Advocate
(Expert) 25 February 2017
repeated
http://www.lawyersclubindia.com/experts/validation-of-marriage-certificate-630301.asp
Sudhir Kumar, Advocate
(Expert) 25 February 2017
SO many threads and not a single contains all information.
Do you really think that you are gaining anything by scattering facts on different threads.
you are depriving yourself of the correct advise.
Guest
(Expert) 25 February 2017
He himself seems to be ignorant of the facts of the case, as he asked the ground for and on behalf of his wife, how to treat his marriage as null & void, whereas he himself has stated the ground included by his wife in her petition.
Rajendra K Goyal
(Expert) 25 February 2017
No reply to repeated query.
Why to repeat?
If not satisfied with the replies in this section, should contact local lawyer for detailed discussion / guidance.
Sudhir Kumar, Advocate
(Expert) 26 February 2017
@ M RK Goyal
one has to repeat
मुफ्त के चंदन घिस मेरे नंदन
लम्बा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा
Kumar Doab
(Expert) 26 February 2017
You are defending yourself or have engaged a sharp lawyer specializing in such/family/civil matters?
What is your lawyer’s opinion that has examined all docs and inputs?
If you fighting as PIP’ Party in Person then you can be at disadvantage if the OP’s lawyer is smart, sharp and can argue better than you.
You may go thru:
Central Government Act
The Special Marriage Act, 1954
:22,23,24,27,28,29
https://indiankanoon.org/doc/4234/
Cohabitation
Cohabitation does not necessarily mean that parties are living together under the same roof………………
However your own counsel speculating in such/family/civil matters can guide and defend you the best.
Kumar Doab
(Expert) 26 February 2017
The grounds for making his registered marriage as null & void for and on behalf of his wife has already been conceived by parents of her wife.
The point is that; his wife’s lawyer is claiming “But their lawyer is saying that easily they will get the null and void judgment”
What is opinion of his own lawyer?
Why his lawyer is not exuding confidence!
The experts Mr. Bhartesh goyal, Mr. Yogen Kakade have already opined.
soumyajit das
(Querist) 27 February 2017
As per my lawyer it is not the specific ground of null and void in special marriage act.
Advocate Bhartesh goyal
(Expert) 24 February 2017
