Null and void

Experts Plz reply

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.

@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...

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

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

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

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

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.

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

What a greedy wife, lol :P

she wants to get away as a virgin with all the blame pointed at you...lol haha ha

@ querist,

whether you are confused or your lawyer has confused you.....

reasoning:

1. The ground which she has taken for annulment will not sustain U/s 12 ic. because U/s 12ic is based on the ground of suppression of material facts but you are stating that non-consumation of your marriage.

U/s 11 HMA the null and void marriage is filled for force and coercion as a ground prevailing the conditions mentioned U/s 5 HMA 1955.

2. The ground of Non-consummation of marriage doesn't come under HMA 1955 for annulment ,its a ground taken under Special marriage ACT.

3. You presumed to be both hindu so above 12ic HMA 1955 will only sustain for suppression of strong material facts which were necessary for either of girl/boy to give his/her decission prior to marriage.And this petition is filed within one year of exploration of such facts.

Now, the only ground which you are telling that marriage was not consummated and that was due to her then I don't think so her case will sustain for long.

Her allegations are very weak so,don't worry either her lawyer has filed with wrong section or you are misguided by something.

Just counter her all allegations and drag the case for the benefit of yourself.

As more the case will be dragged the more she will be frustrated and automatically she will come for MCD.

At that time write your MOU with your condition to free her.

Thanks & regards,

(ESIS)

Thanks to all the experts for their thoughts/opinions/suggestions on the topic.When i actually look at this specific section 12(1)(c) it says the following:

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

                                                                                                                                This clearly explains that the Consent of the petitioner for the marriage is obtained either by force or by fraud.The fraud might include any of the following like the nature of the ceremony/material facts/ or the Cirmcustance concerning the Respondent.

So my intrepretation is that My wife had filed the petition saying She(petitioner) had given the consent for marriage because of the fraud played upon her(my husband had given his consent for marriage without interest or pressure from parents-that comes under cirmcustance conerning the Respondent..

Also my understanding is that the Fraud here is not synonymous with Fraud of IPC-415/417/420 and cannot invite any of these sections. as per the following LCI thread:https://www.lawyersclubindia.com/forum/details.asp?mod_id=80286&offset=1#.UrXpFtIW0Yw

                                                                                                                                Can experts please clarify on my interpretation or is it that section 12(1)(c) can  be filled on others only on Material facts suppresion/falsification.....for the fraud part...

In the above link i gave there was a reply from one of the experts saying the following:

The word 'Fraud' used in HMA (12)(1)(c) is not similiar to the 'Cheating' defined in section 415 of IPC.

In HMA,fraud means any false representation or mis-identity or inducing a belief on which the purpose of the marriage rests that is untrue

In another thread:https://www.lawyersclubindia.com/forum/Decree-of-nullity-under-section-12-1-c-HMA-7476.asp#.UrX6lNIW0Yw

Adv Deepak replied the following:

The word fraud within the meaning of S.12(1)(c) of Hindu Marriage Act is not each and every misrepresentation or concealment which may be fraudulent.  It has a limited meaning.  In the section, fraud refers to and refers only to the consent of the petitioner to the solemnisation of the marriage.  Therefore fraud means (a) deception as to the identity of the other party to the marriage or (b) deception as to the nature of ceremonies being performed.  Where consent is given with the intention to marry the other party and with the knowledge that what is being performed is marriage, an objection to the validity of the marriage is not tenable.

Hence my understanding is that the fraud played upon the petitioner may not be necessarily the  supression/falsification of Material facts alone.My understanding may be wrong experts plz let me know your thoughts again.......

Sufferer/Adv Chandrasekhar sir/Kalaiselvan sir kindly respond.Other experts on the subject/particular section  know your opinions/thoughts....Thanks in advance