Shalini (Designer) 07 September 2013

Null and void case

Respected Sir/Madam,

I am Shalini Salunkhe. Age 25 years.

I need your advice regarding Null and Void case in family court.

Recently I got married before four months back, actually I was not ready for this marriage because I’m in relationship with other boy since last five years. But my family pressurized me for this marriage.

After marriage I told the truth to my Husband about my relationship with other boy and requested him to let me go with that boy.

My husband, as he is nice boy, he is agreed to let me go with that boy, but now he register the Null and Void case in Family court.

I have not any kind of physical or s*xual rations with my husband.

Currently I am living with my family since after 3-4 days of marriage.

So, my Husband register case in family court for legal divorce based on Null and Void law and sent notice to me.

In that notice they have mentioned mainly two points

1) 1) There is no any kind of s*xual or physical relations within us.

2) 2) Girl is fraud (should have to tell husband before marriage regarding affair).

3) 3) Pressure from family members and relative or social member’s girl has force to marriage.

4) He is don’t have any kind of financial demand from girl site even fraud is girls site only.

These points are true and I am agreed with that.

I have to close this matter as early as possible because I have to marry with my boyfriend.

I have some questions, requesting you please give me your valuable suggestions.

1) 1) What statement should I have to give in front of court so that the case will be resolved as early as possible (within 1 or 2 hearing). So that I can marry with my boyfriend ASAP.

2) 2) Is lawyer is needed from my site? Even case is very straight forward and I am not ready to spend any money for that.

3) 3) If I give written statement to court that I am agree with whatever written in petition , and request I will not coming to court hereafter consider this my final decision ? Is it ok?

4) 4) For written statement there is need to affidavit or write statement on bond paper? or statement on white paper is with my sign is ok??

5) If everything is straight forward how much time it will take to resolve case?

6) 5) I don’t want go to counselor, Is counseling is compulsory procedure in family court?

7) 6) I don’t have any financial or any kind of demands from my husband.

Respected sir/Madam Please help me as early as possible because my hearing date is very near on 20^th Sep. 2013. Please give me details so that case is resolved ASAP.

Thank you very much in Advance.

Reply Follow

39 Replies

Adv Gaikwad 7385647897 (self) 07 September 2013

Just admit all fact that you have stated above in your WS. Draw it on legal paper you will get solution. perticularly say that you don't want to live in marrige which has forcefully done by your parents.

1 Like

Shalini (Designer) 07 September 2013

Hello Sir,

Thank you for your quick replay !!

Could you Please !! conform once my understanding is correct !!

I have to write all facts including statement "I don't want to live in marriage which has forcefully done by your parents" statements on bond paper and affidavit it from legal authority ?

some Doubts.

1) Advocate is need to appoint from my site ?
2) How much time it will take to complete resolution ? Should i marry before court judgment ?

3)Counslling is really needed?
4) I dont want to go for 2nd hearing ? is court is allowed if i give legal written statement regarding same?

Shalini (Designer) 07 September 2013

Hello Sir,
Thank you for your quick replay !!
Could you Please !! conform once my understanding is correct !!

I have to write all facts including statement "I don't want to live in marriage which has forcefully done by your parents" statements on bond paper and affidavit it from legal authority ?

some Doubts.
1) should i appoint Advocate from my site ?
2) How much time it will take to complete resolution ? Should i marry before court judgment ?
3) I dont want to go for 2nd hearing ? is court is allowed if i give legal written statement regarding same?
4) Counsolling is really needed?

Shalini (Designer) 07 September 2013

Hello Sir,
Thank you for your quick replay !!
Could you Please !! conform once my understanding is correct !!

I have to write all facts including statement "I don't want to live in marriage which has forcefully done by your parents" statements on bond paper and affidavit it from legal authority ?

gd dy (gd dy) 07 September 2013

fraud is a punishable offence if it is proved.
so before submitting anything think twice.

by the way in which court ur case is running.

Shalini (Designer) 07 September 2013

Yes sir I know !!

I am not laying ! Please trust me !!

gd dy (gd dy) 07 September 2013

forget to mention, to file an application for divorce, duration of married life should b one year. it is mandatory.

Shalini (Designer) 07 September 2013

i mean to say i have made big mistake. i should have to tell that guy before marriage.

anyways sir thanks for reply.

Shalini (Designer) 07 September 2013

But they have been applied Null and Void pition.

So, I should have to apply for divorce??

fighting back (exec) 07 September 2013

once you admit your mistakes, he can file cases on you for fraud and cheating and betraying his trust, so you will have to run around the courts for the next 5 years. best way got for MCD

Shalini (Designer) 07 September 2013

Probably he will not do such any action, I have trust on him.

Request you please give me answers for:-

1) Advocate is needed to appoint from my site?
2) How much time it will take to complete resolution? Should i marry before court judgment?

3) Counseling is really needed?
4) I don’t want to go for 2nd hearing? is court is allowed if i give legal written statement regarding same?

gd dy (gd dy) 07 September 2013

why not go for mcd ?

by the way when will u receive summons & through which mode ?

it is always preferable to appoint a lawyer. if u tell about location of ur court, someone frm this forum may recommend u reliable lawyer of ur area.

the way u present ur story in this forum, feel either u hv good knowledge of law or must approach any good lawyer.

(Guest)

@ gd y,

Who told you that for null & void marriage u/s 11 HMA it is necessary to have minimum 1 year period?

For null & void marriage where consumation has not taken place and the consent of marriage been taken by force and coierce then marriage can be called as null and void marriage which can be read with sec-5 HMA 1955. It is filled within one year from date of marriage.

@ Shalini,

Getting accepted the statements made by your husband will lead you to legal entangles further if he goes for any fraud and forgery cases on you.

So,it's better to accept only those point which are true like only accept the fact that marriage is not consumated as marriage was without consent.

If you are not in hurry then go for MCD but For going through MCD you will need 1 year of seperation and further 6-7 months to get decree,so better go for null and void marriage accepting the points which is the base of non consumation.

Never state the reason of you boyfreind and affairs.

For your queries :

1) Advocate is needed to appoint from my site?

Opinion: Yes for better argument and clarification as why it has held.

2) How much time it will take to complete resolution? Should i marry before court judgment?

Opinion: It depends on the court proceedings and trial.Minimum 6 months to 1 year will cross easily.Because mere accepting all statements doesn't allow the judge to pass judgement.Judge will follow his procedure to nullify the marriage.

3) Counseling is really needed?

Opinion: It depends on facts and circumstances,If both couple are adamant for councelling and to live with each other and Responedent is accepting major statement by the petitioners in his allegations then in my opinion there is no need for councelling.Councelling happens where other part is opposing the allegations and don't want to give up.

4) I don’t want to go for 2nd hearing? is court is allowed if i give legal written statement regarding same?

Opinion: Hire an Advocate who will do the rest without your appearance.

2 Like

Shalini (Designer) 07 September 2013

Case is already filed Null and Void and Actually I don’t want to file any case because I don’t want to leak any information regarding my personal. Actually except my family,my boyfriend and my husband’s family no one is aware of this matter. That’s why I want to close this matter ASAP before it public. So that I don’t want any advocate to appoint.

Please consider this is an emergency and i dont want spend any money and leak my personals.

so that please consider this Nulll and Void case only .and Please tell me what should i have to state infront of court so that matter get closed ASAP(within 1-2 hearings).

Please sir !! I dont have time and my husband is in +ve approch for now, before that i have to close this matter.

so, plz plz tell me what statement should i have to give in front of court so that case will be close ASAP.