James (Teacher) 26 June 2013

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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6 Replies

Anjuru Chandra Sekhar (Advocate ) 26 June 2013

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.

Adv Archana Deshmukh (Practicing Advocate) 26 June 2013

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

James (Teacher) 26 June 2013

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!

Anjuru Chandra Sekhar (Advocate ) 30 June 2013

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.

Shantanu Wavhal (Worker) 01 July 2013

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.