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Navaneetha Krishnan (engineer)     20 September 2014

Marriage annulment

Hi,

           My wife filled the Annulment Case under section 12(1)(c) and we had fillled strong counter to deny all the same.Now a lawyer was suggesting as to end the case sooner we can go for 'Submit to the decree' where the respondent can file the same and if the petitioner does not object to the same the decree would be passed by the court'.Is this true.Also apart from MCD is there any other way to end the case smoothly as that would take another 6 months......

                          Also  for my Next hearing they had mentioned as 'Enquiry' can someone tell what this actually means....



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 5 Replies

ROHIT SHARMA (Legal Advisor )     20 September 2014

1. If you agree for the annulment then in that case your advocate's advise will materialize and the decree may be awarded. Why then seek M.C.D. At least since after annulment decree you will not be required to pay any alimony.

Navaneetha Krishnan (engineer)     20 September 2014

Hi Rohit,

                Actually my lawyer tell no other option apart from MCD.thats what i would like to know more about 'Submit to decree' and what petition had to be filed for the same so that i can inform my lawyer accordingly.I am also fine for annulment but without accecpting the false allegations....

Can experts kindly reply pls.

sandykrish (Interested in Family LAW)     20 September 2014

Annulment for what reasons, if I am precise on HMA clauses either of the spouces can apply for annulment of marriage u/s 12 of HMA citing non-consumation of marriage which means either one of the spouse should be impotent to get the decree and it should be proved. Now since you folks have decided to partway peacefully ensure that no dots are visible in the decree sheet for future life persay. Don't listen in to dumb lawyers they might suggest you the wayout easily but you will suffer a lot if in case there are background checks put for your second marriage. If the marriage has completed 1 year, then you have 2 options. Convert section 12 petion to 13 1 a b petition go to meditation 2 to 3 hearing the decree will be passes. But there will be some dots which can't be hidden. The more safest way out is withdraw annulment petition apply for 13 b petition wait for 6 months complete the formality. If some lawyer has suggested you that annulment will lead to no alimony then god should only save their future clients. Now we have given you technicalities you sit and decide.

Navaneetha Krishnan (engineer)     23 September 2014

Hi sandykrish thanks for your message but I am not understanding your first option of converting the existing nullity petition to 13b. Will this take less than 6 months.why there are hidden dots pls elobarate

Navaneetha Krishnan (engineer)     26 September 2014

Hi Experts,

                       Pls advise on Converting Nullity to MCD//Withddrawing and filng fresh MCD/Submit to decree without accepting allegations..Which is the best option in the above case.Your suggestions are highly appreciated......


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