Null and void

service

Dear Experts,

I understand that in my prayer my advocate had written to make our marriage 'NULL AND VOID' is it the right word ,I wanted and even my advocate ment divouse or dissolution of marriage.Is it because of this my petition is dismissed.I have applied Divorse on cruility grounds,

please advice,

regards

 
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Practicing Advocate

Praying for declaring the marriage null and void and praying for divorce are entirely different things. The grounds for declaring a marriage are entirely different from those for divorce. A marriage can be declared null and void on the grounds laid down in s. 12 of HMA while divorce can be sought on the grounds mentioned in s.13 HMA. So if you have prayed for nullifying the marriage and lead evidence on grounds of divorce then, it will be surely dismissed.


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Worker

declaration of nullity - u/s 11 of HMA

annulment of marriage (annulment decree) - u/s 12 of HMA

divorce - u/s 13 


u should have gone for sec. 13 instead of 11 / 12.

this is the reason of dismissal

 
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Worker

and many a times such careless adv. do not even express the acceptance of a fleck of the blunder at his end.


the client has to suffer.

 

adv. is PRACTICING !! getting paid for loosing !!! client is suffering !!!!

 :(


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service

Thanks Archana,

Is there a way out to get the prayer corrected in the family court itself ,orders have been passed in family court. my intention is ,if it can be corrected in family court , I will have a option of appeal in high cout ,

regards

 
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service

Thankyou very much Archana and Shantanu

Is there a way out to get the prayer corrected in the family court itself ,orders have been passed in family court. my intention is ,if it can be corrected in family court , I will have a option of appeal in high cout ,

regards

 
Reply   
 
Worker

there is 1 judgement in this regard from SC.

it states something as follows :

though your pleadings were under wrong section, it was the hon. court to peruse your pleadings and award justified relief to you.


kindly verify.

 
Reply   
 
LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER

Both the experts have rightly answered the query and I too endorse their view.
 


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Legal Evangelist - TRIPAKSHA

Nothing more to add.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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