Divorce and Annulment

Querist : Anonymous (Querist) 08 October 2010 This query is : Resolved
Learned Counsels,

Can a husband seek the relief of annulment as well as divorce in the same petition before the family court.

the real question is
is it possible to plead the invalidity of marriage while also seeking the dissolution of marriage by a decree of divorce or by a decree of nullity.

please clarify.

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pawan sharma (Expert) 08 October 2010
YES,HE CAN PLEAD.

Chanchal Nag Chowdhury (Expert) 08 October 2010
Yes. As alternative prayers.

Devajyoti Barman (Expert) 08 October 2010
Yes, alternative prayer is permissible.

s.subramanian (Expert) 09 October 2010
I disagree. Only when the validity of the marriage is challenged on grounds provided in law,one can seek annulment. If dissolution by divorce is sought,the validity of the marriage has to be admitted invariably. Once a petition is filed for annulment with an admission of a valid marriage,it would be summarily dismissed as untenable. They are reliefs which could be sought on prescribed conditions. Hence these two prayers in one single petition cannot even be imagined .

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