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Mukesh Dave (Student)     20 December 2012

Hma to sp marriage regn

 

Dear Sir,

Thanks for your interest and reply.

It is case of nullity / annul marriage. Both Hindu recently married before six months. Wife & Husband both well educated, matured age, from good family back ground and good health. Wife does not give any physical response to husband from the day of first night. Three months they stayed together and after that since three months wife staying at Parent home taking Physcratrist treatment and marriage counselling. Wife is normal in behavior, not arrogant or angery inside or outside bed room with husband. Husband, Both side Parents and Shyciatrist , Marriage Counseller, all fail to know reason why she behaves like this and keep away herself from physical contact with husband? When question ask to wife she simply says that She also does not know why she doing like this? She sometimes says that she does not have feeling come out for husband. She cries. Inner of heart she likes her husband but why she keeps distance in bed room is big Question for everybody Both side Parents,Phycratrist and Marriage Counseller. When coming to this question her mind becomes blank, unable to give any answer. 

So Both side Parent and Husband miserably deicde to go for nullity of marriage. Both side agrees to go for that.As it will be better for both Husband and Wife to nullify marriage instead to go for divorce label by decree. Marriage  solemnized before six months and one year not completed. Both are Hindu and marriage regd. under HMA.

But in HMA ground of fraud / force or impotency by wife has to allege. While in Special marriage act only wilful refusal by either of spouse is valid ground of nullity. Therefoe I am asking whether once marriage regd. under HMA can it be re registered unser Special Marriage Act to make Nullity easy way without allegations to make like HMA?

Your reply is important to me.

Thanks

 


Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 December 2012

Let them tile consent divorce petition under the HMA


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