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null and void


Hi,

      My wife filled Null and Void  case under section 12(1)(c) and Non consummation of marriage blaming myself for everything and my consent obtained forcefully from parents whereas it is her who is not interested in the consummation of marriage.In court if we simply agree to this will the court accept it or they wont easily accept it.Secondly incase we dont appear and if the girl's side get exparte decree will t here be any problem in future.Kindly reply its urgent.Also can the girl side file case like 420 or 415 etc in future based on this...

 
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Experts Plz reply

 
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You attend the court...why will you not attend the court?

Does she have any proof to win her argument? I believe her case is very weak, don't worry. Yes, if she wins the case or if you don't file right counters then she will have right to use 420 on you.

 
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@stalker,

                  The point is even i would like to end this smoothly and get out of this.If i contest i know i can prove her wrong easily but that will spoil my chance to come out of this as well....but at the same time i dont want to get in to any trouble by simply accepting a lie...

 
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First let her fail and then offer MCD! If you dont attend, take it for granted that u will be screwed badly.

 
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Hello my lawyer mentioned that section 12(1)(c) can  only be filed on self(petitioner) that an individual's consent for marriage is obtained by force or Fraud and not on the Respondent that my wife/husband's consent for marriage is obtained by force or fraud.Can some Experts come on this plz.Its very urgent

 
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Hello my lawyer mentioned that section 12(1)(c) can  only be filed on self(petitioner) that an individual's consent for marriage is obtained by force or Fraud and not on the Respondent that my wife/husband's consent for marriage is obtained by force or fraud.Can some Experts come on this plz.Its very urgent

 
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90 views and No response.Can some one pls clarify if forced marriage(section 12) can be filled on self or the opposite party...

 
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Advocate

I had the opportunity to go through the petition.  It is neither here nor there.  On the basis of this petition you both will not get the relief because it is beating the bush.  Let me try to explain.  A is a wife and B is husband.  A can seek annulment of the marriage only on the ground that B is not in a position to consumate the marriage DUE TO IMPOTENCY.  It is important to say in the petition that the phrase of impotency and also it should be attributed to B.  (A cannot get annulment on the ground that she is impotent.) It is an independent ground and if B chooses not to appear in the court,  on that ground itself exparte annulment decree can be passed.  The after result of the annulment decree is that the husband B will be impotent forever in the eyes of law and his future matrimonial prospects will be severely affected. This impotency case falls under Section 12 (1)(a) and not 12 (1)(c). 

Now, I revert to 12 (1)(c) A can file annulment petition but the ground should be that A has been forced for the marriage.  If A alleges that B has been forced for marriage, she cannot have a right to file such a case and cannot get decree.  Under Section 12 (1)(c) itself there is one more ground available i.e., fraudulent representation.  If A alleges that on material facts B misrepresented for solemnization of marriage, then if B does not appear in the court exparty decree can be passed.  For me it appears that you confused between forceful and fradulent marriage.  In the case of former if A is forced, she has a right to file petition and if it is a fradulent marriage in respect of material fact, A can file petitin under S.12(1)(c), but she has to show strong proof that fraud in respect of material fact has been perpetrated against her.  On the basis of the petition, it is very difficult for you to get annulment as it is obfuscating the facts.

My suggestion is that you can go for MCD.  In the MCD both the parties simply mention that due to tempermental differences, that the marriage has not been consumated.  On that basis six months after filing the petition both will get divorce.  But for that one year separation has to be shown.

 
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Thanks for the detaild reply sir.As you say that A has filed section 12(1)(c) for fraudulant marriage but not mentioned any material fraud here rather just mentioned that B had married with pressure from parents and some times used the word fraudulant misrepresentation.Like you mentionit is neither here nor there

 
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