Whether one has to file for annulment of marriage or divorce


my question is what if the wife is cruel to her husband and as well as pregnant before the solemnisation of marriage. then the petitioner will file for divorce or annulment of marriage?

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

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

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

 
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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.

 
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gd dy

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

 
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obviously other than the petitioner.

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

@ 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.

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

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

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?

 
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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.
 

 
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