Whether one has to file for annulment of marriage or divorce

At the time of marriage she is pregnat. it is the valid grounds of divorce.

pregnant with the husband then ....? therefore the doctor certificate and courts will decide.

my question is whether on the ground of pre marriage pregnancy , will the petitioner file for a decree of nullity of marriage or whether on the grounds of cruelty , will file for divorce?
im confused please help.

nice intelligent query bt forget to inform who is father ? the person with whm she marry or other. it is very imp. i think

obviously other than the petitioner.

@ querist,

If it is a arranged marriage and wife was pregnant during the time of marriage and found later then it comes under voidable marriage sec 12(1) d HMA 1955.

If it is a love marriage then it can't be called as void and annuled marriage as the girl will tell----it's his baby prior to the marriage when we used to live Liv-In.

Every case has it's own importance and it is decided on facts and circumstances merely allegation won't let you for void and annulment.

agreed. but the point is what to file upon, pleading will come later.
where to file is my question.

All divorce petitions are filed in FLY court. Ask your lawyer to prepare your petition regarding whatever the circumstances suggests.

By Your two Line brief  No body can tell you what your case is & how your pettition will be?

thats what you are not understanding.
my question itself says whether it will be a decree of divorce or decree of nullity.
decree of divorce because of cruelty by the wife and decree of nullity because pre marriage pregnancy by someone other than the petitioner.
 

hey dude first put your question like a sensible man as you haven't written here that whose child she concieved during prior to marriage?

Through which act their marriage been registered?

so,without knowing the facts how could one tell you that wether is null and void marriage or it is going for contested or for MCD?

just stick to your basic what you have asked here,

and read all above answers carefully 10 times you will come to know where you are lacking to provide full information.

divorce by mental cruelity -----13ia HMA

divorce by MCD------13B HMA

if marriage is annuled & void--11 HMA

if marriage is voidable -----12 HMA

In your case if the child is not the legal son/daughter of the person whom that lady been married  then it is voidable marriage by sec 12(1) d HMA 1955.

If that son/daughter is legal child of her husband i.e the cause of pregnancy is done by non other than her weded husband then it is the matter of proof and arguement------later it will be dismissed and it can't be called as voidable marriage under sec12 (1 )d HMA

Last Reply !

the marriage is voidable

that is - valid for all purposes till annulled by court.

the end of this marriage will NOT be through divorce.

the decree will be of the following nature - 

Marriage Annulled by Decree of nullity.

just wanted to know if a marriage is voidable bcz she is pregnant before marriage or the time of marriage,can alimony or maintenance is allowd to her after nullity?

No alimony or maintenance is allowed to her as marriage is not solemnized according to law thus it is voidable marriage which is annuled by decree of nullity.

In divorce decree one is entitled to seek maintenance or final alimony according to income and status of vice versa.

permanant alimony u/s 25 of HMA can be given while disposing ANY PETITION under Hindu marriage act.

ANY means ALL sections from 9-13 (11, 12 inclusive).