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Sukhija (Advocate)     19 September 2009

annullment of marriage

Hi Everyone

Love birds married but could not stay together. marriage registered.Family of both did not support them. no consummation of marriage. Enimity arose between family members after coming to know about marriage of their children. No support from family and boy not in a position to stay independently in a rented premises either, hardly earning Rs.2,000/- pm Both Hindu, Can this marriage be declared null n void? Petition for Annullment of marriage can be filed?

Now girl n her family want they shd get divorce. Boy is not ready for divorce but they could not stay together also. what to advice them?

Pl advice



 13 Replies

Guest (Guest)     19 September 2009

Marriage cannot be declared null and void because in this case, the grounds required for nullifying the marriage are not available.  Due to financial pressure or family or social pressure marriage cannot become null and void.  similarly, if the boy does not opt for "divorce", then divorce is also not possible in the given facts of the case.

saumit joshi (advocate)     19 September 2009

Dear prabhakarji marriage is not solemnised as per hindu customs and only marriage registration does not mean is valid marriage. so go for decree for nullity of marriage on the ground of not solemnised marriage as per hindu rites.

Guest (Guest)     19 September 2009

Registration of marriage is a conclusive proof of the solemnization of marriage.  Without registration, marraige can be solemnized in several States.  But once marriage is registered,  the question of non-solemnization of marriage does not arise.  Hence, to get this marriage annuled, the conditions laid down in Section 11 and 12 are applicable.  In the given facts of the case, no such condition has been carved out.

Taking this thing in other way, if a marriage is not solemnized as averrubg by Mr. Saumit, then what is the need to knock the door of the court to get any relief?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     19 September 2009

Once marriage is registered then it is a valid marriage and cannot be nullify. First of all marriage cannot dissolved before one year as per hindu law and due to circumstances it is not null or void. Therefore guide them for conseleation or approach the women cell or boy can file section 9 of HMA for restitution of conjucal right to get the girl back or first imporve his condition and then go for this offer.

Good luck

Regards,
adv.kamal.grover@gmail.com

G. ARAVINTHAN (Legal Consultant / Solicitor)     20 September 2009

 Registered marriage is ever a valid marriage until it is cancelled by a Competent Court

Deekshitulu.V.S.R (B.Sc, B.L)     20 September 2009

Registrationis not a conclusive proof of a valid marrigae. The stand on two different footings. To get a nullity of marriage there are sections 11 to 13 of HM Act. Find out groundsand go for a divorce.

Sukhija (Advocate)     20 September 2009

hi everyone

thanks for your valuable suggestions.

The marriage is solemnised, registered but not consummated.

The query is marriage is not consummated till today, not resided together for a day and now girl do not wish to continue and want to get rid of the label of "MARRIED" what shd she do?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

She can divorce after one year of marriage.

Regards
adv.kamal.grover@gmail.com

Guest (Guest)     20 September 2009

I really wonder with Mr. Diksh*tulu's answer.  If registration of marriage is not conclusive proof, then what is the proof for solemnization of marriage?  The marriage officer after satisfying that all the conditions for valid marriage are fulfilled (evn on the basis of affidavits by both boy and girl), marriage will be registered. 

If the girl does not want to continue and boy does not want to give divorce, then the girl has to put false allegations (Most unfortunate )  against the boy and file divorce petition after one year of marriage.  If she wants annualment of marriage, again she has to put false allegations (most unfortunate again) of fraud against the boy and seek the same within one year of marriage.

The decision will be yours to go either for divorce or annualment.   On both occasions, your allegations would be false.  The boy is the most unfortunate guy.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

Once marriage is done then it is immaterial whether you live with him or not. but there is only one way that is divorce and it could be done only after one year. Or if the boy is under spinda relation only then it could be void immediately within one year also, and that marriage will be void.

Regards

adv.kamal.grover@gmail.com

Sukhija (Advocate)     21 September 2009

 

Hi everyone

Thanks for your advice. I agree with your views Mr. Prabhakar and Mr.Kamal Grover, Adv. specially thanks once again.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     21 September 2009

U r always welcome, we r here only to help the people and to guide them properly. If you get any problem then u may ask me at my personal id adv.kamal.grover@gmail.com

debasish (Business)     15 October 2009

Dear Advocates,

A husband is earning Rs. 25000 p.m and his wife is earning Rs.13000 pm. The job of the wife wife is permanent and having the benefits of providend fund and pension. wife is leaving seperately along with the child of 2 years. The husband has aged parents and no siblings.

what could be the maximum possible amount of alimony and child support in this case?

what specific steps regarding management of funds could be taken by the husband before filing the divorce case so that he can pay minimum amount?

what are the deductible expenditures before decidng about the alimony percentage?

 

 

 


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