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

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13 Replies

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.

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

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?