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Manisha Kulkarni   25 June 2016

Null & void marriage

Hello Experts ,

I was a divorcee in 2010. I fell in love with a married person  who married me in 2012 and 2 months after our marriage he got divorce decree by mutual consent.

After living with this person till 2014 and having a child of 3 years from him I filed Domestic Violence case and 498A case on him these both cases are pending in court.

In 2015 I even filed divorce case under 13(ia)&(ib) of Hindu Marriage Act. But this case got dismissed under Order 17 Rule 2 CPC (for not leading evidence) & Order 39 Rule 11 of CPC (Flouting orders of court) 

I am in love with another person now and have to marry him so want to get rid of this marriage .

I want to ask EXPERTS :

  1. Can I Now in 2016 file petition under HMA section 11 r/w section 5(i) NULL & VOID
  2. Does RES JUDICATA or LIMITATION ACT  or ANY OTHER ACT dismiss my NULL & VOID Case
  3. My husband is very angry now …so what kind of petitions can he file to Harass me.

Please help me…



Learning

 14 Replies

JustAdvisor (IT)     25 June 2016

presuming your husband is Hindu, your marriage is a nullity. go ahead. your third question is speculative which you need not worry much about.

A walk alone (-)     25 June 2016

1) No 2)No 3) he can only file divorce It appears from your thread marriage is a game for you one after other. Now thinking of third one. Great! Stop spoiling lifes of other people.

Kunuthur Srinivasa Reddy   25 June 2016

Divorce reflects diversion of human mind devoid of inhibitions and self control. She/He can never enjoy nor can provide married life once divorced. This is the very reason why single marriage is set as a norm in customs and traditions of Hinduism. Quality life is more essential and important than mere physical relationship.

 

1 Like

Manisha Kulkarni   26 June 2016

TGK Reddi Sir , y can't I file null and void case against my husband ? If answer for my question 2 is also No then I can file case sir. Please suggest reasons ...pls

Kunuthur Srinivasa Reddy   26 June 2016

Thank you Mr. TGK Reddi. What I understand from " I am completely at variance with the reply" is Mr. TGK Reddi does not agree with my view. Am I right in my understanding? Whereas I totally agree with the statement of my most revered influencer of my life, Prof. Einstein. He also stated 'Imagination is more important than the knowledge'. Mata Rajarajeswari created Bramha, Vishnu and Maheswar, whereas she (?) is under the control of Maheswar. How to interpret this? Their relationship serves as a typical style of family management. Of course, with due apologies it is meant for those who believe in Hindu philosophy. Woman is compared to a match stick capable of lighting a lamp at home or burning home depending upon how man manages. Ardhanariswara truly depicts the spirit of equality and oneness, neither of them are superior or inferior. I must share with a caution in this context that wealth is outweighing human values and ethics in the world, which includes marital relationships. I know one case where a mother, who is an international parental child abductor has come up with a proposal with full connivance of her parents is prepared to handover the child to the left behind father, on payment of INR 2 crores. Where is the sanctity and sacredness of motherhood in this case? It is nothing but a ransom despite the fact that the child's father was granted sole child custody abroad. Indian Courts by and large neither believe nor care for the statement "Justice delayed is justice denied(destroyed)" thereby destroying the precious and bright future of innocent abducted children for no fault of them.

Born Fighter (xxx)     26 June 2016

1. No 

2.No

3. You have filed false cases on second husband for which you have no evidences and you are claiming for null and void marriage ??? , He will ensure he does not give you divorce for spoiling his life. You better try to pay him one time settlement to go ahead with your ambitious plans of destroying life of 3rd person. 

JustAdvisor (IT)     26 June 2016

i have a funny feeling it is the husband who has asked this query. no one would voluntarily show herself in such poor light.

Manisha Kulkarni   27 June 2016

At first Thanks to TGK Reddi and K S Reddy Sir...

Manisha Kulkarni   27 June 2016

At first Thanks to TGK Reddi and K S Reddy Sir...

Khush   27 June 2016

point number 1.. no

point number 2...no

point number 2...u can not claimmarriage null n voide

Manisha Kulkarni   28 June 2016

Thanks khush but can u expediate reason for NO Null and Void

Manisha Kulkarni   28 June 2016

Thank You Gonjare sir...means I can't file nullity

prabhakar advocate (advocate)     29 June 2016

She is talking about void marriage and not voidable marriage. Void marriage has no time limit as it is void from ab initio.

JustAdvisor (IT)     29 June 2016

i agree with Advocate Prabhakar. What is void ab initio is void permanently. it cannot be cured. Time bar applies to section 12 (voidable marriages). and yes, even criminal law has rarely heard of limitation. so what is a crime stays a crime (bigamy). even that can't be cured.

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