U/s 12-1-c


Today finally she have applied a case against my friend u/s 12-1-C. She mentioned he is a fraud and in the intension of getting money from her he did all this thing. Only 5 month. Marriage was register without actual hindu marriage and just after that both went to different cities for work. He tried his best to start family and call her many times.

In the file she mentioned--- 1. Marriage were without saptapadi, home and kanyadan and mentioned he only arranged all this. 2. She  asked for a formal marriage but he denied. 3. She also mentioned no cohabitation took place. 4. He is a fraud and in the intension of getting money he did all these.

Is this is a strong petition. What is the meaning of this file. What will happen when my friend will appear in the court. Now my friend also want to close this relation. How should we react so that court will accept her plea and will declare the marriage void.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Akash according to section 12 HMA 12. Voidable marriages.- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- (a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or (b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree. if one party of the case accept the allegation then court may pass an order for nullify the marriage and declare a void marriage in first hearing. feel free to call
 
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