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what is null and void? pls. expain!! in this case....

(Querist) 19 August 2008 This query is : Resolved 
a girl got married on 11/dec/2005... just after the marriage boy brought her in to the restaurant near by where boy wanted to discuss his future plan... but the girl said she is going to go to her home, are you welling to come? boy refuses and the same thing was shared with the father-in law on 18th of dec. 2005, where father-in law stated that due to the circumstance the girl has disrupted her way, if your's tie up will not run then i will break up the knot.... and then forced the boy to go to the honey moon, then on 24th they went to honey moon where the girl stated that she is not a woman , marriage was just for the social purpose and just "name show off"...

as soon they return to the home this sorry affair was discussed by the boy to the family of the boy... on the same day girl went to her house there she stayed for the entire months expect 4 days that she came in to, then this case discussed with the father of the girl, he said stars are not favorable we will not talk now let wait for some time then she turned in the month of fab. 2006 there she again said many thing to boy that she is not a girl and many time while they are on the bad... then after spending few days on fab. she never turned back....

her father said the things are not working out let sit for the settlement then he sat it and settled the matter on 9th of june 2006(with a4 size paper written work)... before that he has said many thing that boy need to improve in the career and change in the job also, there he stated that the girl was never wanted to do marriage as she has said to the parents of the boy also. "all this things are there in the form of recordings"...

then on 9th and on 18th of june 2006 he has taken away the entire articles and items which was gifted on various occasions..... then he and she went to America for 4 to 5 months in 2006, then there was no consent for the mutual divorce then with in one year of marriage the boy has filed the null and void or alternatively divorce.... Pls. guide me and tell me your point of view and pls. share if any other input required from your side to fill the GAP...

regards,
shamit sanyal (Expert) 19 August 2008
if there is no chance of reconciliation then the marrige should fall iam posting a very recent decession of honble SC that might help u to under stand the case,


IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 7567 of 2004
Satish Sitole ...Appellant
Vs.
Smt. Ganga ...Respondent
J U D G M E N T
ALTAMAS KABIR,J.
1 As far back as on 13.1.1995 two Judges of this Court in the case of Romesh Chander V. Savitri (1995)2 SCC 7) had occasion to pose the question as to whether a marriage which is otherwise dead emotionally and practically should be continued for name sake. In the instant appeal, we are also faced with the same question.
2. Marriage between the appellant and the respondent was performed on 22.5.1992 according to Hindu rites and customs. On 21.8.1994 the respondent, for whatever reason, left her matrimonial home and went back to her parents and the couple have been living separately ever since. Soon thereafter, the parties took recourse to the law when on 30.12.1994 the appellant sent a notice to the respondent asking her to return to her matrimonial home. On 20.10.1995 the respondent lodged a complaint against the appellant and his family members under Section 498-A of the Indian Penal Code alleging demand of dowry and it is only on 2.2.2003 that they were finally acquitted after a full trial. The appellant also moved the Court of the Sub-Divisional Magistrate for issuance of a search warrant consequent upon which the respondent appeared before the Magistrates’ Court and agreed to return to the appellant but she did not return as agreed.
3. Ultimately, on 28.9.1998 the appellant filed Matrimonial Case No.383/1998 before the Ninth
Additional District Judge, Indore, (MP), on grounds of cruelty and desertion under Section 3(1)(1a)(1b) of the Hindu Marriage Act for dissolution of the marriage. Despite holding that the respondent had proved his case on grounds of cruelty and desertion, the trial court did not grant a decree for divorce, but thought it appropriate to pass a decree of judicial separation instead. On appeal preferred by the respondent against the decree of judicial separation passed by the trial court and the cross appeal filed by the appellant seeking dissolution of marriage, the High Court reversed the judgment and decree of the trial court upon holding that it was on account of the conduct of the appellant that the respondent was compelled to leave her matrimonial home. The learned Single Judge of the High Court also held that he was not satisfied that the appellant had been treated with cruelty by the respondent-wife.On such finding the High Court dismissed the appeal filed by the appellant and his prayer for dissolution of marriage and,on the other hand, allowed the appeal filed by the respondent-wife and set aside the judgment and decree of the trial court.
4. The respondent is in appeal against the said judgment of the High Court.
5. Having regard to the finding of the High Court that the respondent had not treated the appellant with cruelty and was, on the other hand, compelled to leave the matrimonial home on account of the conduct of the appellant; a different approach was taken on behalf of the appellant at the time of hearing of the appeal. It was sought to be urged that even if the appellant had been unable to prove his case of cruelty and desertion as grounds for seeking dissolution of the marriage, having regard to the irretrievable breakdown of the marriage, technicalities should not stand in the way of this Court granting relief to the appellant in exercise of its power under Article 142 of the Constitution. It was submitted that out of 16 years of marriage, the parties have lived separately for 14 years, most of which has been spent in acrimonious allega
Shekhar (Querist) 19 August 2008
Thanks, for sharing the judgment but here is the case of null and void... since the marriage is not consummated at all...
Adv.Rajendra Kothari (Expert) 19 August 2008
Null and void is such which is not enforceable in law.In our country there is no legal status to the marriage of same gender of persons.One should be the male and another should be the female.In present case if it will prove that the girl is not a girl,she is a boy,in that case the marriage of both of them is absolutlely null and void.It's just my openion,pl.better correct me if I am at wrong.
KANDE VENKATESH GUPTA (Expert) 19 August 2008
Once marriage is held, it cannot be declared null and void except on the grounds enumerated under the Hindu Marriage Act. Merely because there is no consummation, the marriage cannot be invalid. It is a valid marriage and the only option is to get divorce on the ground that the marriage is not consummated and the other grounds i.e., desertion.
Shekhar (Querist) 20 August 2008
but what if the thing" that she never wanted to marry" proved then..... cause many person of her family's known to saying this thing.... and her father recorded coffession
Manish Singh (Expert) 20 August 2008
If she is not a woman, then the marriage would be null and void.
praveen kumar (Expert) 20 August 2008
DEAR MR. SHEKHAR,
I DON'T THINK THAT THIS SITE IS, FOR MANIPULATING OR COOKING UP CASES.I HOPE, THE HOST DESIGNER OF THIS SITE, PLEASE PAY ATTENTION TO THIS ASPECT OF THE THINGS AND CONTOL IT!
I THINK WE SHOULD HAVE A POSITIVE AND CONSTRUCTIVE APPROACH TO HELP THE PEOPLE ,OF LEGAL AWARENESS AND TO DISCUSS GENUINE LEGAL PROBLEMS.
Srinivas.B.S.S.T (Expert) 21 August 2008
Dear Shekhar as per your query you are saying that the girl is not a woman please see Section 12 of HM Act annulmen of marriage allowed owing to impotency of wife AIR 2003 Guj 222
Shekhar (Querist) 21 August 2008
Thanks, All for your kind attention... dear parveen as a lawyer one should not be sharing this negative approach... any type of person will come and ask any type of query, i hope i did not heart you by any mean...
Srinivas.B.S.S.T (Expert) 21 August 2008
hope your doubts are cleared.
Shekhar (Querist) 24 August 2008
Dear Sir, how to find out this "AIR 2003 Guj 222", pls. tell me how to read this !!!
Srinivas.B.S.S.T (Expert) 24 August 2008
All India Reporter (AIR, year 2003, Section GUJARAT state, Page Number 222


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