Null and void


 

Hi All,

           I've been married for 8 months, Me and my wife had issues and she lodged compliant in woman PS under the sections of 498(A) and 406 though i didn't ask dowry and harrased her. I was taken custody for few  days, once I came in bail, they came for compromise and settlement. They said, if we go for divorce it ll take 2 years so we can go for "Null and void". I agreed too. Now they made a story like, I've married earlier and I hided the first marriage and they made some fake invitation for petition. 

 Their lawyer asked me to not discuss with my lawyer and not discuss with other than my family. They asked me to get the summon but not to appear the court for hearings so they judge will go favor to the petitioner. This is where something is fishy, They made like I'm agreeing first marriage. I'm afraid that they may add 494 and 415 sections too. Is it possible to add 494 and 415 in "null and void" ?, How can i get the petition which they file? is sections mentioned in the summon ? What is the consequence of "null and void"? I'm totally confused please provide your valuable advices

 Thanks,

James

 
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Advocate

If you want to go for null and void, why that reason?  Take some other reason .... like you are drunkard and it was informed before marriage deliberately that you don't drink.  For deliberately hiding the fact that you are drunkard, they would get the marriage declared null and void.  Even if summons are served you can go to court and accept in court that you drink and you hid the fact with them deliberately.  Saying that I have married earlier would be inviting trouble because they would file case of bigamy if you agree that you married earlier.

 
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Practicing Advocate

Not a good idea at all... do not accept any allegations upon you. Talk to your lawyer before accepting any term of compromise.

 
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Thanks for prombt reply, I've discussed with their lawyer and he said he didn't add the bigamy section and he said after null and void, she can't file bigamy and for one crime she can't file two cases.

I've few queries here, is it true that after null and void she can't file bigamy? can I find the bigamy section in that count summon? In order to file bigamy or add bigamy section, he should mention in petition right ? after received summon can i defend if they added bigamy  act ? wat happens if i ddin't receive the summon ?

Thanks again!

 
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Advocate

Double jeopardy does not apply for one civil case and one criminal case.  Your lawyer is wrong.  She can file a case of Bigamy if you accept that you are already married in Civil court.  One case is in civil court and one will be dealt by criminal court.  So it is not a case of double jeopardy as your lawyer said.  Be careful. 

 
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Worker

Originally posted by : chandrasekhar.7203@ gmail.com,

If you want to go for null and void, why that reason?  Take some other reason .... like you are drunkard and it was informed before marriage deliberately that you don't drink.  For deliberately hiding the fact that you are drunkard, they would get the marriage declared null and void.  Even if summons are served you can go to court and accept in court that you drink and you hid the fact with them deliberately.  Saying that I have married earlier would be inviting trouble because they would file case of bigamy if you agree that you married earlier.

 

wrong !

mere admission of first marriage would not serve any purpose - atleast not for IPC case.


James, 

ur marriage is VALID one - u HAVE TO go for divorce only.

 

DO NOT adopt any illegal means - playing fraud with court will furnish endless sufferings for the whole life.

consult a good lawyer.


check ur PM


Total likes : 1 times

 
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Field Supervisor

It is a very wrong idea that you can make fool of court and get away with it. Dont try to play with the system, it is wrong, and DANGEROUS.

In my opinion, your best course is to file for Mutual Divorce. 

If you are not really married twice, wait for one year, and go for mutual divorce.

 
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