Nullity u/s 25 (1)

shreeshreeshreeshree (Querist) 25 May 2015 This query is : Resolved
Boy & Girl did registered marriage under Special Marriage Act, in January 2014. Since the date of marriage and till now, the Girl is not staying at the boy's home and use to just go at his house in the morning and come back at her parent's house at night.
Whenever the Boy asked for consummation of marriage to the girl, she did not allow to consummate the marriage. He tried his best to save his marriage but it was all in vain. This continued for 3 to 4 months. At last, the girl said she didn't want to continue with the marriage as she had no feelings for the boy.
After 6 months, the boy finally had to file for nullity of marriage in June 2014. The boy has appealed under section 25 (1) , where it states-> Non-consummation of marriage. Both parties are ready for Nullity, as Marriage will be annulled and not divorced.
1) In this(above case) case will I get in Nullity only?
2) Or, can the judge (magistrate) convert this case into Mutual Consent?
3) And if he converts into mutual consent, then I would want the judgement references of Supreme Court & High Court & any other Court, So that, I can use this reference in Court, in favor of Nullity u/s 25 (1), non-consummation of marriage.
I want judgement references or links of Supreme and High Court or any other court. And any book references on Nullity judgements u/s 25 (1) , non- consummation of marriage. Also your answers are Important.
Waiting for your answers. Thank You.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 26 May 2015
repeated query, no reply.

SAINATH DEVALLA (Expert) 26 May 2015
Dear Shree square,

How many names are U going to change for the same query.

shreeshreeshreeshree (Querist) 26 May 2015
Mr. Sainath Devalla I think you are mistaking me for someone else. I have just put up my 1st query. Its not repeated. I need some reference of judgements of Supreme court & High Court & any other court, if any. So if any of you have answers to my Query, please reply to my query.
Thank you.
Also Mr. Devajyoti Barman, this is a new query for me atleast and not a repeated one. So please if you have any answer related to my query than please let me know.
Guidance/answers of all of you would be helpful to me.

Once again thank you.

T. Kalaiselvan, Advocate (Expert) 31 May 2015
If a case is filed for nullity of marriage the court will decree the case as per the relief prayed for only. Why did you have this doubt in your mind?, where is the question of mutual consent divorce?If the other party is agreeing to submit to the decree prayed for by the petition, the court will decree the case accordingly and shall not introduce its own clause or ground which was not prayed for.
For judgments or citation you may take the help of your own advocate or look for one yourself, they are not provided here.

SAINATH DEVALLA (Expert) 31 May 2015
We are here to provide relief to the querists.I found same query with the same contents in previous posts,which have been aptly advised by the experts.
Other aspects Mr.Kalaiselvan is right.

shreeshreeshreeshree (Querist) 01 June 2015
Thank YOu all for your kind guidance. Now I don't have any doubt related to case change.
Looking forward for more help in future, if any.
Once again Thank you.