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(Guest)

Void marriage Waiting period

Dear Lawyers,

I have applied for Nullity of marriage under Sec 12 of HMA in july 2010. Marriage was on Dec 2009. Within 5 months I came to know that SHE was a multiple divorcee and also was proven on adultary in court. She was also in private prostitution while also once caught in police raid too. (all past was hidden from me and concent of marriage was taken from me without disclosing this materialistic facts before marriage).

After 7 months of filling the case in court, She now agreed to sign (out of court settlement) on application by BOTH withdrawing the alligation and gave her consent for applicant's request for NULL & Void to be allowed.

HOWEVER, the H'ble Judge disallowed it and asked for 6 months waiting period wef today. My advocate pleaded that since this case is u/s 12 voidable marriage and not u/s 13 B, hence 6 month waiting period is not applicable. Judge asked for ref quotes.

Friends, 1) I dont want to accpet this as marriage or divorce by mutual concern. 2) I have proof of Adultary and witnesses done in past. 3) Former husbands are also will to come witness. 4) she is now engaged with a NEW person and working for live-in relationship.

 Please help me.



Learning

 9 Replies

manjit kalra (system eng)     07 February 2011

get proofs of her new livin and discuss with her lawyer/family to go ex-parte

Jamai Of Law (propra)     07 February 2011

fraud by the Respondent spouse......................nondisclosure about past life before tieing the knot.................that she was multiple divorcee.................

 

Difficult to prove ...I am saying this honestly and without trying to discourage you...and I have sympathy towards you in this scenario................

 

But in te eyes of law...you need to prove these allegation which she can demolish it easily.......better go for mutual consent....

 

She can always say that before she confided all her past and you agreed it....Has she written you in emails/postal letters/video recorded conversation before mariage that she was 'unmarried / never married' ??? (then you have a little chance)

OR

Did she just say 'she was single?'  on record (then you have no chance)

 

'Single' and 'never married' suggest two differnt information


(Guest)

Dear Manjit & Jamai

Thanks for reply. New live-in and non-disclosure is not disputed out of court. SHE herself wants NULL & Void marriage, but for this she is not willing to accept that FACTS were hidden. (Its her ego now.) I have hand written proof wherein she mentioned consealment of fact.

My Question is 1) is there any other clause where NULLITY can be obtained. 2) Can you send some citation of SC/HC where waiting period is not necessary for nullity in section 12 after both party has sign & agreed for Null & void.

Arup (UNEMPLOYED)     08 February 2011

is she claims herself as maiden or marriage with you is her first marriage? if so the marriage voidable u/s 12 of hma.

but if she introduced herself as a divorcee she will escaped from 12.

1) your marriage voidable and not void. you have to declair the marriage viod by a competent court.

2) no provision of 6 months waiting period, u/s 12 of hma. show sec 12 hma to the judge,

a judge or an professional advocate should not confused on it.

1 Like

Jamai Of Law (propra)     08 February 2011

There is no such thing of GIVING consent to call it NULL & VOID.

Giving consent means sec 13B only!!

 

 

If couple is fighting for many years and gives consent in compromise/lok adalat/ADR as er sec 89 .......etc...

Then court waives 6 months waiting period which is otherwise mandatory.

 

 

Your counsel hasn't got your wife's admission/compromise as 'admitted facts' and 'Parties not at issue' as per Order 15 of CPC.

 

 

She hasn't said she agreed/admitted to your allegations...she just would have said that........... she is also withdrawing allegations if you are withdrawing allegations and ready to compromise and settlement to break marriage amicably vide sec 13B.

 

But your spouse chose a decent route to withdraw allegations from both sides and compromise.

 

So wait  6 months (best choice. other choices are risky)


(Guest)

Hello everyone.

Can some send a few citation to waive the waiting period. Or can someone suggest any other alternate for NULL&VOID.

Please reply

Avnish Kaur (Consultant)     10 February 2011

IF SHE AGREES TO TAKE CHARGES ON HER , yes you can do it under section12 as null and void and get annulment.

1 Like

tortured_aathma (none)     11 February 2011

arup sir very correct, collect proofs on these lines.


(Guest)

She has agreed to allow the application for Null & Void, however, Judge is asking us to wait for 6 months. Can some one please quote some citation so that waiting period is vaived. Please reply


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