Is there any limitation of time for filing a nullity of marriage
S S K Sadhu
(Querist) 05 December 2012
This query is : Resolved
Greetings,
I want a clarification about the Nullity of marriage under section 4 of HMA.
Situation is Marriage date May 2006,
separated on June 2007 to till date.
Can my wife file for nullity of marriage on grounds of 4.1.1(b) and 4.2.1(any of a,b,c) now?
If marriage becomes Null and void, will she have any chance of filing for any maintenance in future?
Raj Kumar Makkad
(Expert) 05 December 2012
What is this "4.1.1(b) and 4.2.1"?
Which Act you are referring?
S S K Sadhu
(Querist) 05 December 2012
Sorry I misinterpreted!
My question is regarding nullity of marriage on grounds of impotency/non consummation,minority,forceful marriage.
can my wife file nullity of void/voidable marriage now after 5 years of separation on above grounds?
S S K Sadhu
(Querist) 05 December 2012
makkad ji,
My wife wanted divorce now under cruelty ground for which I did not agree.
Again she asked for Mutual consent divorce, I did not completely agreed as there will be loop holes even after MCD decree for her.
What if she files a case to nullify the marriage on the grounds of minority, non conusummation and forceful marriage. Our marriage was not consummated,she is minor at the time of marriage and her mother admitted that they forcefully performed our marriage without my wife's consent.
If she can file such a case, will she have any possibility to litigate civil/criminal cases against me in future.
ajay sethi
(Expert) 05 December 2012
if your wife does not want to stay with you give her a divorce . if she wants divorce by MCD agree .
non consummation of marriage amounts to mental cruelty and is ground for divorce .
Raj Kumar Makkad
(Expert) 05 December 2012
If your wife has attained majority within one year of filing the present petition then her petition is 100% correct and it is likelihood of its success otherwise there is no chance at all.
Devajyoti Barman
(Expert) 05 December 2012
Yes , she can file suit for nullity even today.
S S K Sadhu
(Querist) 05 December 2012
I want a divorce which will not give any litigation in future from my wife. I cannot believe her at all.
So, can suggest her to file a case for nullity of our marriage?
Will this action assures me safety from any sort future cases from?
Will there be any right for her claim any thing from me after nullification of marriage?
Raj Kumar Makkad
(Expert) 05 December 2012
The legal position has already been told to you. If she falls in the category of attaining the majority within one year of her filing of the petition, she is right and you shall have no liability towards her even the maintenance but if position is otherwise then don't expect such petition to succeed.
S S K Sadhu
(Querist) 06 December 2012
At the time of marriage she is 17 years old.
Now she is 23+ years old.
can she file now?
V R SHROFF
(Expert) 06 December 2012
File MCD with consent terms that no liability.
Dr V. Nageswara Rao
(Expert) 06 December 2012
1. Under S. 3 (3) of the Child Maariage Prtohobotion Act 2006, she can file to get the marriage set aside if she files the petition "at any time but before the child filil1g the petition completes two years of attaining majority." She cannot avail of this provision as she is 23 now.
2. Divorce by mutual consent is the best and civilized method, withou rancour.
S S K Sadhu
(Querist) 06 December 2012
I see that she will not get married any time sooner, so i want to be a bit cautious about getting Divorce by MCD. Our LCI members conveyed that there will be loop even in the best ever written MCD petition with both parties agreement.
In this connection, I am searching a way to get the marriage declared Null and Void.
1. Her mother admitted in court that she was forcefully got married upon their pressure only.
2. My wife admitted that the marriage was not consummated but blamed me instead.
3. My wife was 17 years old at the time of marriage.
My question is can my wife file a case for declaring the marriage null and void with the evidences of age proof certificate, forceful marriage clause and non consummation of marriage.
what if she files a case stating that her marriage was forceful and child marriage. as a development of circumstances the marriage was consummated as the marriage is without her consent.
Thanks to Dr.V.N.Rao,V R Shroff,Makkad ji
please clarify.
Raj Kumar Makkad
(Expert) 06 December 2012
If your wife files such petition then the chances of its acceptance are very bleak as she is now of 23 years age. She would have filed such petition at least 3 years ago. This petition is not maintainable at this belated stage even if you admit her petition.
S S K Sadhu
(Querist) 06 December 2012
Ok makkad ji,
lets exclude the minor marriage clause.
Please clarify about the other 2 clauses(non consummation and forceful marriage)
Dr V. Nageswara Rao
(Expert) 06 December 2012
1. As far as the ground of 'force' is concerned, HMA S. 12 (2) (i) says that the Court shall not entertain the petition if "i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered."
2. Re non-consummation, the wife has to prove that (1) there was non-consummation (2) due to impotence of the husband.Both the conditions must be proved.
Raj Kumar Makkad
(Expert) 06 December 2012
I think the plea of forceful marriage has also no place at this belated stage and non-consummation of marriage is very difficult to prove. Anyway, I don't suggest to go in the way you desire.
S S K Sadhu
(Querist) 06 December 2012
Makkad & Dr. V.N.Rao ji,
What I have now then?
She wants to settle the marriage and expecting 1 lakh from me for which I am ready.
I pray for your expertise to suggest the best possible way to end our marriage without giving any loop for both parties to any sort of civil/criminal cases against each other or cannot claim money/properties etc from each other and even against our family members. If pleased provide a petition draft too.
Dr V. Nageswara Rao
(Expert) 06 December 2012
As I said already, divorce by mutual consent is the best and civilized way.
S S K Sadhu
(Querist) 06 December 2012
sir,
what about without any loops entertaining my wife?
please suggest
ajay sethi
(Expert) 06 December 2012
we have already answered your query . have the consent terms drafted by lawyer . that she has received sum of rs 1 lakh from you in full and final settlement and that she wont have claim ay maintenance from you
S S K Sadhu
(Querist) 06 December 2012
thats all sir,
no loops for her entertainment?
How will "change of circumstances" affect the future course the divorce agreement?
How to foolproof the agreement?
Ajay sethi ji, do u mean filing a MCD with consent grounds?
ajay sethi
(Expert) 06 December 2012
yes file MCD mention detailed consent terms .
S S K Sadhu
(Querist) 06 December 2012
Ajay sethi ji,
My wife and her family had destroyed my life and her's just for sake of money only.
How can I be so sure they will not come after me in future. Our LCI members said there will be no petition without loop holes when it comes MCD/divorce agreement for a wife.
I want the ingredients that will make the agreement foolproof.
suggest some points sir.
ajay sethi
(Expert) 06 December 2012
sandhuji
you need to contact lawyer immediatedly .
if there is change in financial circumstances and your wife is on the streets court will award her maintenance even after divorce . there is no foolproof agreement .
S S K Sadhu
(Querist) 06 December 2012
I am already in contact with my lawyer. No offence here, he is confirming that she cannot bother me in future and wants me to accept the divorce petition she filed allegating me and my family same as she did in the 498a case from which family got acquitted with "beyond all reasonable doubts" quote from the judge.
As my lawyer is not foreseeing the future, I am praying to me LCI members to provide something that I can rely on (petition draft)
Help the needy sir.
Devajyoti Barman
(Expert) 06 December 2012
Th is thread seems never ending.
I would request the fellow experts to stop replying in this thread anymore.
Raj Kumar Makkad
(Expert) 06 December 2012
MCD is the only remedy and no more replies now onwards on this thread.
S S K Sadhu
(Querist) 06 December 2012
Thank you MAKKAD JI for your efforts.
I got the best answer from Ajay Sethi
I will see myself out of this thread without satisfaction.
Thank you one and all.
Nadeem Qureshi
(Expert) 07 December 2012
no comments, because you are capable to get your answer/solution yourself.
Raj Kumar Makkad
(Expert) 07 December 2012
You have to execute a settlement deed with your wife on the agreed terms and then have to file Mutual divorce petition which shall solve you all problems.
