kushi (t) 06 March 2014

Converting nullity petition into mcd.

Hello Friends,

             Is it possible to Convert my nullity petition filed under section 12 A and C into MCD under 13B after completion of one year of my marriage in first week of May 2014.

             I filed petition for nullity of marriage within 4 months of my marriage and now hearing is going on from 6 months in family court.
             I am unable to prove impotency of my spouse and fraud marriage.

             My marriage will be completing one year in 1st week of May 2014.

             So after first week of May 2014 instead of withdrawing my nullity of marriage petition
and filing fresh MCD, can I convert my nullity petition filed under section 12 A and C into MCD under 13B.

       Please Note : My wife is ready for MCD but judge is not allowing our request for MCD under
section 12 A and C. Judge wants me to prove impotency of my spouse which is difficult task for me.

Thanks

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4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 March 2014

withdraw the petition and file MCD is only option, court can not convert

sandykrish (Interested in Family LAW) 07 March 2014

LCI learned Friends who have been falsely charged by fraud cases, be sure to respond to the thread see what this sh*t person has stated " I am unable to prove impotency of my spouse and fraud marriage."

Shantanu Wavhal (Worker) 07 March 2014

shanti ... shanti ...

idhar bhi zagda !!

khatam kar do ...

kar lo MCD.

by filing JOINT PURSHIS both can convert the main petition to 13B.

then the court has to follow procedure u/s 13B

as rightly said by Nadeem sir, court wont convert suo-motto.

filing JOINT PURSHIS will suffice.

no need to withdraw and file fresh petition.

Navaneetha Krishnan (engineer) 23 September 2014

Hey Amit,

Can you please elaborate on JOINT PURSHIS.In other threads they are advising to withdraw nullity and file fresh MCD.Kindly suggent what is the procedure for JOINT PURSHIS....or what is the petition name/no.