Subha Datta (STudent) 27 June 2016

Null & void case pending for 6 years

My friend's wife has filed a Null & Void case against my friend on the basis of fraugery( false allegation ). At first my friend defened it saying its not a NUll one as he couldnt accept those false allegation. He loved that girl and so maried her but her wife's parents did not accept it and somehow managed to make their daughter file the case.

The hearing of the wife is over. The evedence from th husband side is also over. The hearing was going on for the husband. But as it already took 5 years, the husband has stopped attending the court as he wants an end whatever the judgement is

1) If the husband doesnt attend any more, will the case be closed with expertee decree?( thats the husband want now)

2) What is the other way to get rid of the situation now?

3) Both the wife and husband wants to finish the case, but wife wants nullity only. Husband has no objection if she gets Nullity. The judge said the husband to withdraw the Written Statement for that. The husband doesnt want as he cant accept those false allegations against him. What can they do now?

4) Husband wants to marry someone else now. How can it be possible?

5) can the husband liv together with an unmarried girl without any legal problem?

6) can the husband make engagement with the othr girl, so that they can marry when the case is over ?

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2 Replies

Angad Singh (Lawyer) 27 June 2016

First of all, one cannot discard any allegations by using the term null & void. The court has admitted the cases on the basis of some allegations coupled with prima facie evidence i believe.

Answer to your questions:

1. The court will pass an ex-parte decree in case he stops attending the court.

2.There is no other way of getting rid of the case until the complainant takes back the case herself.

I couldn't comprehend the 3rd one.

4. Another marriage is not possible until the first marriage is done away with as per law.

5. Living with another girl till the first marriage is subsisting is noose around his own neck.

6. Engagement with another female is barred under penal law in India and will invite criminal prosecution.

A walk alone (-) 27 June 2016

If both want divorce then why not convert contested in MCD.1) husband should attend court his not attending appears he is faulty. If he doesn't attend if will become exparte2) other way MCD.3) go MCD4) no he can't marry otherwise she can file bigamy 5) yes he can live in relationship but remember live in relationships is always a danger because that girl anytime amounts you for rape without marriage.6) no you can't engaged.