Girish (Senior Manager Operations) 26 March 2013

Can i file marriage nullity case?

I married before 9 months. I am yet to complete 1 year to my marriage. My wife stayed with me for 1 month & then returned to her parental house. She started threatening of 498 case. I have filed couple of NCR under IPC 504,507. Also, I have filed a Private Criminal case of ‘Cheating & Fraud’ under IPC 420 & other NC 504,506,507, 323, etc. Currently, there is no case going on against me. Recently my wife has filed few false complaints against me, so probably she will have few NCR with her.

1) Can I now file a case of Marriage Nullity under section 12 of HMA?

2) I have to file a Divorce petition under section 14 subsection 1 to express the Exceptional depravity OR Exceptional Hardship? Also, in this case I can show the NCR, Phone call recordings & other evidences to prove Cruelty.

What is the best possible option? Kindly advice at the earliest. Thanks in advance.

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3 Replies

Manish Udar (www.Mehnat.IN) 26 March 2013

You are taking all the right actions. Very good work.

www.mehnat.in

Advocate M.Bhadra 26 March 2013

You can not file a Suit for Annulment of Marriage on nullity ground as your marriage is consummated.Your best option is to file a Divorce suit on Mutual Consent,failing which you can file a Divorce Suit on contest after one year from separation.

Divorce- Sec.13 H.M.Act:----Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary s*xual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Girish (Senior Manager Operations) 26 March 2013

My marriage is not even registered. Can I file a suit for Annulment of marriage? I have discovered the fraud in Feb 2013 (8 months after marriage) and since last 8 months my wife is staying away from me.

Refer Section 12 subsection 2 (a) (i) - I have to present the suit for Annulment of marriage on the ground of Fraud before 1 year. Am I missing something here?

Also, what about Exceptional depravity OR Exceptional Hardship and Cruelty ?

Kindly provide me guidance. Thanks.