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rajesh (rtrtrt)     09 August 2017

Null and void

Filed a null and void petition in the family court in the year 2012, as I'm an Hindu and wife as Christian, solemnised under Hindu marriage act, in the year 2006 and marriage not registered... in argument, but the respondent advocate argued that this petition needs to be dismissed as crossed the 3 years limitation to file the petition..barred for limitations... Is limitations applicable in this case? Can a delay in filing validate an invalid marriage?


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 29 Replies

Adv Radhika Mehta (Advocate)     09 August 2017

Firstly the provisions of the Hindu Marriage are not applicable to you as the Hindu Marriage Act only applies to Hindu.  Unless and until your wife had converted at the time of marriage, you cannot file under HMA. 

There are grounds on which a null and void Petition can be filed.  If you have filed on the ground of fraud or misrepresentation then there is a limitation of one year from the date of discovery of the fraud. 

Yes, the delay and cohabitation between the couple since the discovery of the fraud can validate an invalid marriage. 

You need to elaborate more on the facts of the case. 

rajesh (rtrtrt)     09 August 2017

She is a born Christian and still professing Christianity, I'm a born Hindu professing Hinduism... Both of us were aware of our respective religions during wedding... Due to incompatibility, sought help to file a divorce, but advocate suggested to file appropriately OS for null and void petition... Have a 8 years boy whose custody with me as per Chennai highcourt thru hcp. Separately living for last 6 years

Adv Radhika Mehta (Advocate)     09 August 2017

You should have filed a Petition under the Specific Relief Act. 


(Guest)
As per your statement, "Due to incompatibility, sought help." Do you mean at the time of your marriage, you felt compatible and after 5 years of marriage, you felt now incompatible?
 
Further, since both of you "were aware of our respective religions during wedding..". now what is your specific objection if she professes christianity? Was there condition of marriage that she should not follow christianity after marriage?

 

 

 


(Guest)
As per your statement, "Due to incompatibility, sought help." Do you mean at the time of your marriage, you felt compatible and after 5 years of marriage, you felt now incompatible?
 
Further, since both of you "were aware of our respective religions during wedding..". now what is your specific objection if she professes christianity? Was there condition of marriage that she should not follow christianity after marriage?
 

 

 

 

rajesh (rtrtrt)     09 August 2017

My incompatibility is not due to religion ... We had disputes.. Wanted a divorce.. But the advocate suggested that this is a legally Invalid marriage... So filed for null and void petition.. Since I filed it after 6 years, have a question whether this also subject to limitations... Is it to be filed before 3 years... Is there a time limit?

(Guest)

Have not you asked your lawyer under which specific section of which Act he considered the marriage as invalid?

If you see the married couples in the whole world, almost all of them feel incompatible on one or the other reason. Only a very few go to the court, who themselves are not capable of creating mutual trust in between them.

 

rajesh (rtrtrt)     09 August 2017

U mean u r against any couple seeking divorce or separation?

(Guest)

You have not answered my question, "Have not you asked your lawyer under which specific section of which Act he considered the marriage as invalid, as your question was about invalidity of your marriage/"

 

rajesh (rtrtrt)     12 August 2017

Petition filed for plaint under order VII Rule 1, and 2 of the code of civil procedure, 1908..null and void marriage.. As Hindu n non Hindu married under Hindu marriage act . ..my question is, in case if the alleged marriage was invalid As per Law, would law of limitation be applicable for this case? As the respondent claims as I filed after 5 years instead of before 3 years as the time limit....

rajesh (rtrtrt)     12 August 2017

Petition filed for plaint under order VII Rule 1, and 2 of the code of civil procedure, 1908..null and void marriage.. As Hindu n non Hindu married under Hindu marriage act . ..my question is, in case if the alleged marriage was invalid As per Law, would law of limitation be applicable for this case? As the respondent claims as I filed after 5 years instead of before 3 years as the time limit....

(Guest)

Do you have any specific reason to believe that your marriage is null & void? If the reason is "Hindu n non Hindu married under Hindu marriage act," which section of the Hindu Maariage you have quoted in in your petition in support of your contention?


 

 

rajesh (rtrtrt)     12 August 2017

Shall explain again... Hindu marriage act applicable only for Hindu spouses... If any partner/spouse Is a non Hindu, the marriage has to be registered under special marriage act.... Which I have not registered... There are lots of judgements in the journal... I'm not an advocate like you to talk about sections.... I hope u can map it to some sections

(Guest)
Originally posted by : rajesh
Shall explain again... Hindu marriage act applicable only for Hindu spouses... If any partner/spouse
Is a non Hindu, the marriage has to be registered under special marriage act.... Which I have not registered... There are lots of judgements in the journal... I'm not an advocate like you to talk about sections.... I hope u can map it to some sections

 

I have asked for SPECIFIC SECTION of the Hindu Marriages Act under which you believe your marriage to be null & void and the relief sought under the provision of that section, NOT the ACT as a whole.

If you don't reply the questions of the experts suitably, how you can expect any appropriate solution to your problem, if you really face any? Earlier also, you have evaded to reply to the question of Mr. JIGYASU, as asked by him two days back. If you are not an advocate, what was your hitch in asking question from your own lawyer, as Mr. JIGYASU pointed out and why not revealing here what he advised you on that aspect?


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