Shantanu Wavhal (Worker) 09 November 2011

Is it necessary to obtain decree of nullity ?

A marriage contravenes clause (i) of section 5 of Hindu marriage act, 1995 (i.e. - First Spouse living at the time of 2nd marriage)

1) The present wife has separated from her 1st husband using a divorce deed at sub-registrar and NOT using a Decree of divorce issued by any court.

2) The present husband has separated from his 1st wife using a Decree of divorce issued by family court.

QUESTION:

In such a case, is it (a) necessary & (b) mandaroty to obtain decree of nullity to declare the marriage void ?

kindly enlighten

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5 Replies

K.P.Satish Kumar (Advocate) 09 November 2011

Surely it is a case of nulity. You can file an application under sec 12 of HMA.

for details

K.P.Satish Kumar M.L.

Advocate:- 9962999008

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niranjan (civil practice) 09 November 2011

Yes.If you want to get rid of your present wife.

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sridhar pasumarthy (ADVOCATE) 09 November 2011

Dear Amit,

The divorce of a present wife who did not obtain divorce from a court of law is not valid.

Hence, the marriage between the present wife and present husband is null and void u/s 11 of Hindu Marriage Act.

It is not mandatory to seek for declaration of such a marriage as nullity. It is purely optional because such a marriage is void abinitio.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 10 November 2011

Not mandatory to seek nullity of marriage.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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Shantilal Pandya ( Advocate) 11 February 2012

such a decaration is governed by se 11 and not by 12 of the Hindu Msarriage Act, though it will not be obligatary to seek such a declaration yet , if there is cloud prevailing over the true status , it would be advisable to seek such a decararion

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