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karan singh (none)     10 January 2011

Mairrage

A girl was lied and signature was taken on a paper in another language but it was a mairrage registration.Now the boy with support of his parents filed a nullification alleging that the girl took the signature by intoxicating him.The girl also wants nullification but not with the false allegations against her.Can she file another nullification charging the boy with fraud?



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 6 Replies

karan singh (none)     10 January 2011

Guys ur quick suggestion will be of great help for someone quite depressed after being cheated.

adv. rajeev ( rajoo ) (practicing advocate)     10 January 2011

Let them file a consent divorce petition without making false allegation against each ohter.

karan singh (none)     10 January 2011

She is ready to do that but the boy doessn't wants to be called a divorcee so he keeps on insisting that she should accept the allegations and help in nullification.They have never lived in a house hold and the registration did not happen in a correct way.As far as I know both should live atleast for 30 days in the place before registration but she has proofs that she had been living all this time at another place.

karan singh (none)     11 January 2011

Waiting for suggestions.....

Avnish Kaur (Consultant)     11 January 2011

if they go for a contested nullification it will take time, MCD is the best choice.

girl need not file a separate petition for fraud she can allege fraud in reply to this petition and seek this relief in this petition only. REFER SEC 23 HMA

[23A. Relief for respondent in divorce and other proceedings

In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground].

karan singh (none)     11 January 2011

Thank you Avnish for your suggestion,but we don't want to mix up the things so were thinking of a seprate nullification along with defending the allegations filed by the boy.How do you suggest?and how much time this should take?


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