Rod 25 June 2015
This question pertains to Hindu Marriage Act.
Case- 'X' Was threatened/blackmailed and forced to marry. 'X' left home after marriage without going with her so called husband and filed nullity of marriage. It's been more than a year since the trial is going on. Now she wants to file a case for divorce with the ground that their relation never been established.
The question here is:
Can divorce be filed during pendency of Nullity? Can amendment be filed?
Adv. Chandrasekhar (Advocate) 25 June 2015
She can withdraw the annulment petiton u/s. 12 (voidable marriage) and file divorce petiton under section 13. But, just one year separation and non-consumation of marriage is not a ground for divorce. Hence, she definitely fails to get divorce. So, it is better for her to contest the annulment case on the ground of forced marriage.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
