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Hari Prasad (service)     28 December 2011

Null and void

Dear Experts,

I understand that in my prayer my advocate had written to make our marriage 'NULL AND VOID' is it the right word ,I wanted and even my advocate ment divouse or dissolution of marriage.Is it because of this my petition is dismissed.I have applied Divorse on cruility grounds,

please advice,

regards



 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 December 2011

Praying for declaring the marriage null and void and praying for divorce are entirely different things. The grounds for declaring a marriage are entirely different from those for divorce. A marriage can be declared null and void on the grounds laid down in s. 12 of HMA while divorce can be sought on the grounds mentioned in s.13 HMA. So if you have prayed for nullifying the marriage and lead evidence on grounds of divorce then, it will be surely dismissed.

3 Like

Shantanu Wavhal (Worker)     28 December 2011

declaration of nullity - u/s 11 of HMA

annulment of marriage (annulment decree) - u/s 12 of HMA

divorce - u/s 13 


u should have gone for sec. 13 instead of 11 / 12.

this is the reason of dismissal

Shantanu Wavhal (Worker)     28 December 2011

and many a times such careless adv. do not even express the acceptance of a fleck of the blunder at his end.


the client has to suffer.

 

adv. is PRACTICING !! getting paid for loosing !!! client is suffering !!!!

 :(

1 Like

Hari Prasad (service)     29 December 2011

Thanks Archana,

Is there a way out to get the prayer corrected in the family court itself ,orders have been passed in family court. my intention is ,if it can be corrected in family court , I will have a option of appeal in high cout ,

regards

Hari Prasad (service)     29 December 2011

Thankyou very much Archana and Shantanu

Is there a way out to get the prayer corrected in the family court itself ,orders have been passed in family court. my intention is ,if it can be corrected in family court , I will have a option of appeal in high cout ,

regards

Shantanu Wavhal (Worker)     29 December 2011

there is 1 judgement in this regard from SC.

it states something as follows :

though your pleadings were under wrong section, it was the hon. court to peruse your pleadings and award justified relief to you.


kindly verify.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     29 December 2011

Both the experts have rightly answered the query and I too endorse their view.
 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

Nothing more to add.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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