rohini (service) 24 July 2009

Needs to nullify a marriage

Hi,

I am Rohini Kindly guide me if I can nullify my marriage under Null & Viod aggrement.

I am married under hindu marraige act to a guy whom I had met only once through a matrimonial site.

The very next day of marriage I understood that he is frahe had a

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Dharmesh Manjeshwar (Advocate/Lawyer) 24 July 2009

Hi Rohini,

5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

Ur query is unclear .... i gather that u wish to say that he was already married / was father ... if so u can file application or nullity of marriage.