cpc

null and void marriage

Software Engineer

I got married  in the month of  October 2011 and the  first day of  my marriage i got to know that my husband is a impotent , but still b'coz of arrange marriage and might be b'coz of shiness we were not able to become free on the first day but the was occured on 2nd,3rd and after 1 month ......

Later on after going to the doctor  me and my parents got confirmed that he is impotent . Now we are going to file a  case as null and void marriage . Can you tell me if from boys side they are specifing the below reason will be considered as null and void marriage . On mutual understanding we decided to get  seperated and the case will be  filed from the bride groom side and the  bride will  be closing the  case .

Here i go with the  case :

Bride Groom parents intimated the bride parents that his son will be going to United States of America after marriage where as this is not known to the bride . After marriage on first day the bride got to know that he wants to go US back which the bride didnt like and decided to get seperated .

What i  want to get clarified is whether the example can be considered for null and void marirage .  Please  respond me on high priority .

 

Regards

Roopa

 

 

 

 

 
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civil practice

You can file petition on the ground of impotency but before he leaves India and the notice from the court is served on him.In that case you can proceed exparte.That will be easy.since you have recently married,court will not grant divorce on mutual consent.
 

 
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@Dear Roopa

Grounds for Nullity Proceedings in a Hindu Marriage


1.If a marriage has not been consummated due to impotence of either party.

 

2.If the bride was pregnant at the time of the marriage by some person other than the bridegroom and the latter was not aware of it at the time of the marriage. If the bridegroom knew of this before the marriage, the marriage cannot be nullified.

 

3.If the consent of one of the parties to the marriage was obtained by fraud or force.

 

Impotence should not be confused with ability to procreate.  Due to vericocele probably your semen may not have adequate quantity of moving cells, and consequently the chances of impregnating may be less.  But that cannot be called 'impotence'.  Impotence according to my understanding is more to do with 'erection' and 'penetration'.  You have to take appropriate medical opinion to rebut the allegation. Give medical certificate about his impotency in a court.


File a divorce petition on the ground of impotency but it will take some time to get order from the court.

For further readings go to http://www.indidivorce.com/


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Engineering

Kushan is perfectly right!

If the other party cooperates, you can seek nullity!

This is the best option for both of you and can be quickest too...Nullity makes the marriage as good as NEVER HAPPENED!...so you can easily move on in life!

 
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You may file a suit for dissolution of marriage on nulity ground that the marriage was not consumated due to impotency.After filing the said suit it would be decide ex-perte in absence of your husband.Divorce on mutual consent can not be filed due to mandetory provision of Marriage Act.


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Advocate

1.Under the Hidu Marriage Act, Impotence is not s ground for divorce under S. 13 but for avoidance of marriage under S. 12. Once the marriage is declared as void under S. 12, it will be as if they were never married.

2. From what you write, it appears that the boy's side want  a divirce by mutual consent under S. 13B. You say that you got married in October 2011. Perhaps you mean Oct. 2010. Undr S.13B you have to show that you have been living seperately for one year and that you have not been able to live togather.

3. Divorce by mutual consent is the dignified way of getting a divorce. You do not have to make any embarassing allegations and proceed to prove them in a Court of law. You may try for this..


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Private

Dear Lawyers

Can we have any judgement for Nullity of marriage based on Fraud of any type as mentioned  in point 3 from Mr. Kushan Vyas.

Thank you

Rohit

 
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Advocate

I am sorry to tell you there is no section in the HM Act which makes "fraud" as ground for nullity. S. 11 mentions three grounds for nullity: spouse living, prohibited and sapinda relationships. How does "fraud of any kind." come into picture in your case? Was your consent obtaned by fraud or force to vitiate it? .


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Advocate

Under S. 12 marriage can be annulled at the option of the party in the case of fraud or force as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent.. what was the fraud played or force used against you at the time of marriage? When was it discovered?  

 
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Private

Dear Sir

Thank you for the precious advice.

My marriage i came to know after one and half year was based on fraud, the marriage was made with the consent that the girl was MCA qualified and that even we put in our advertisement. lately in Nov i came to know that the certificates provided by girl family was all forged and not genuine. and through RTI i have evidentry proof that these are all fake and not genuine. i felt very much cheated and the marriage was completely a fraud. even she has a previous relationship with her boyfriend and she married under family pressure. i told my wife about all these cheating and fraud. she and her parents went to police station and filed all false cases against our family 498A, DV etc.

Please advice how can i justify.

 

Thanks in advance.

Rohit

 
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