Upgrad LLM

nullification and mcd: any one expert on this?


I applied for a Nullifcation under 12C under gounds of 1) forceful consent 2) girl hid had she has one ovary, organ required for becoming mother, she can become mother but but she concealed missing organ 3) Hiding her age. But the problem is proving them is not easy even with proofs.

More than a year had passed and now the girl wants to end it and is ready for nullifcation but she doesn't want to agree to these consent terms but problem is she had filed her written statement in response to mine and thus we cannot ask for ex parte. Now she says I can agree to condition acceptable to both but not terms like this but she doesn't understand that we have lready filed written statement.

 

We are ready for MCD but I am not willing to withdraw nullification as lawyer has told me what if she changes her consent mid way and your nullification is gone. She is ready to include a clause in MCD that she cannot withdraw her consent but lawyer says its could be possible but agreement can be brokem. Is there any way , any judgements to keep sure she doesn't back track with her consent if we withdraw petition and file MCD? Or even if she withdraws her consent after mentioning it on the agreement, we can still get divorce under MCD?

 

Also if any way we can get the first idea i.e. nullification to be possible?

 
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Lawyer at Supreme Court of India

Sir,

 

Don't withdraw the present case, just tell the court that we are moving for mutual consent and until the second motion gets passed, the case should be put sine die or better is to take a long date unless the divorce is complete.

 

Warm Regards

Kapil Chandna Advocate

9899011450


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LEGAL CONSULTANT

FOR GETTING MCD IT SHOULD BE A VALID MARRIAGE BECAUSE U HAVE FILED FOR NULLITY OF MARRIAGE AS U R CLAIMING THAT THE MARRIAGE IS VIOD-AB-INITIO.NOW WHAT IS THIS OFFER FOR MCD,RIDICULOUS.SHE CAN CHANGE HER STANCE AND CONSENT ANY TIME BEFORE THE 2ND MOTION.

HENCE BE CAREFUL.

THIS IS MY OPINION,WAIT TILL THE OTHER LEGAL EXPERTS ANSWER.

 

 

 

 

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Thanks. Any other experts advise please?

 
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advocate

I really confused about your overconfidence that you will get the decree of nullity, if she contest the case.  The narration in your query hints me that it is very difficult for you to get nullity.  So, in nullity case, you ask  for mediation and during mediation, come to settlement that both will file MCD and you withdraw nullity case.  After taking mediation statements on record, the nullity court grants permission to you to withdraw your nullity case to file MCD case.  If she withdraws her consent between the first and second motion of MCD, then you have to resort to file a fresh case or to reopen the already closed annulment case.

 
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