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SUVENDU MISHRA (PATHOLOGIST)     04 April 2013

Null & void marriage case

Since after 11 days the girl left husband home & did not want to return,Finally husband apply null & void case in family court.The councelling failed due to girl did not want to return husband's home taking false plea of husband epillepsy disease & mental disorder. Hence the case forwarded to court. Due to no appointment of jaudge in the court recentlly in 1st hearing the court gave next date after 3 months. Now my lawyer advice me it is better for me by delaying the case because after 3 months it will be 2 years of your marriage & in hindu marriage act there is law if wife & husband lives separetly for 2 years then the marriage will be easily grant null & void marriage. Dear sir is it true i want to know is there any law or any such decission given by apex high court or suprem court



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 6 Replies

Advocate Sastry (Advocate)     04 April 2013

As per hindu Marriage Act 1955 desrtion means as under:

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

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Manish Udar (www.Mehnat.IN)     04 April 2013

It is not easy but you can get divorce.

www.mehnat.in

1 Like

SUVENDU MISHRA (PATHOLOGIST)     04 April 2013

THANK YOU SIR FOR YOUR VALUABLE SUGGESTION. I HAVE FILED NULL & VOID CASE SHOULD I FILED ANOTHER DIVORCE CASE IN SAME COURT OR WHAT TO DO ACCORDING TO YOU

Shantanu Wavhal (Worker)     04 April 2013

ur lawyer advised u wrongly.


desertion is NOT a ground for null and void.

 

On which ground did u file sec. 11 ??

 

 

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[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)of section 5.

 

 

5.         Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following condition are fulfilled,  namely:-

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

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

(a)       is incapable of giving a  valid consent to 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

(c )       has been subject to recurrent attacks of insanity2 [***]

(iii)       the bridegroom has completed the age of 3[twenty one years] and the bride, the age of  4[eighteen years] at the time of 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; 5[***].

 

 

further, desertion is ground for divorce

 

 

13.       Divorce

(1)       Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party-

(i)                 1[has after the solemnized of the marriage, had voluntary s*xual inter course with any person other than his or her spouse; or

(ia)       has, after the solemnization of the marriage, treated the petitioner with cruelty ;or

(ib)       has deserted the  petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or,]

(ii)        has ceased to be a Hindu by conversion to another religion; or

1[(iii)    has been incurably of unsound mind, or has been suffering continuously or  intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation: in this clause-

(a)       the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder of any other disorder or disability of mind and includes schizophrenia.

(b)   the expression “psychopathic  disorder” means a persistent              disorder of disability of mind (whether  or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible  conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment or.;

(iv)       has 2[***] been suffering from a virulent  and incurable form of leprosy.

(v)       has 2[***] been suffering from venereal disease in a communicable form; or.

(vi)       has renounced the world by entering any religious order; or

(vii)            has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive, 3[***]

 

 

.

 

ketu kikitab (am)     06 April 2013

 

Request your guidance,
 
My Frd. 25(Hindu) got married with a person who is Muslim married 45 having 2 kids under a Special marriage act.got married in sept-12.
The person has not given talaaq  & he is still supporting her family.
 
Can you please confirm the authenticity of marriage is this marriage a legal one. under the special marriage act. 
 
Conditions relating to solemnization of special marriages.

(a) neither party has a spouse living;

 

 

Please guide me if the marriage is null, you have told that we need to file case.Can you please confirm
1)Whether there is chance that court will prove it as legal or cancel our petition  on what grounds court  can cancel this petition.,it is confirmed that he is still supporting his family, 
2)Can my frd. marry if the mentioned  marriage is void,without any legal process.
3) Is itnecessary to go to court for making this maariage void.
 
 
I am very thankful to you that you have given a ray of hope & responded.God bless you sir.
 
Thanks a lot 

 

 
 
 
 
 

James (Teacher)     27 June 2013

Hi all,

    If spouse file case under grounds of 

 A marriage may be solemnized between any two Hindus, if the following condition are fulfilled, namely:-

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

 

can spouse file bigamy after null and void ? is it good to accept the above grounds ?

 

Thanks!


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