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Rao (Software Engineer)     17 October 2008

Confused state...please help

Dear Lawyers in the forum

As 1yr from the date of marriage is nearing i need immediate clarification.

Marriage was performed on 28.10.07. For valid reason i.e due to mental disorder of the bride

since 9 years prior to marriage for which we have medical record, we want to file a petition for annulment of marriage and obtain “Decree of Nullity” of marriage under section 12 (i) b read with clause (ii) b of Section 5.

And also we are planning to file a petition for fraud against bride's father for concealing the meterial fact of bride's serious mental disorder 9 years prior to the marriage...may be under section 12 (c).

So we prefer nullity of marriage because...
1.There is no consummation of marriage sofar..even in the duration of 49 days of bride's
stay after marriage at groom's home and since then she is residing with her parents.
2.Nullity comes under the marriage is not technically existed between them and also there
will not be any claim for alimony and maintenance.
3.Since marriage was performed in a bubious manner by concealing the fact of bride's mental
illness perior to marriage.

So,my question to respected lawyers in this forum to clarify that
1.is it necessary that we need to file a petition only before 28.10.08 for declaring a
marriage as annulled under section 12(i)b read with clause (ii)b of section 5.
2.If for any reason the petition for nullification is dismissed. Can we again file a
petition for divorce?

we are even approaching them to come forward for mutual petition for divorce. As the date is nearing i.e 28.10.08 we are in confused state whether to approach with annullement petition.

And also clarify that..can a petition for annulment can be filed even after 1yr from the date of marriage.



Learning

 1 Replies

K.C.Suresh (Advocate)     19 October 2008

Limitation is statutory.


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