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Guest (n/a)     27 July 2009

Nullification of marriage

Hi, I wanted to know about nullification of marriage. I had met a guy through a matrimonial site & within 2 months got married but next day of marriage I returned home as all the information provided by him before marriage were false.ie had a rented flat but had told of owned flat & had a two wheeler instead of a four wheller as told before marriage etc. Can my marriage which is registered under hindu marriage act be nullified?



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 4 Replies

Adv. Deepak (Advocate)     27 July 2009

Dear Rohini, Marriage can be nullified only on three grounds : (i) either party has a living spouse at the time of marriage; (ii) the parties are within the degrees of prohibited relationship and the custom or usage governing each of them does not permit the marriage between the two; (iii) parties are sapindas of each other and the custom and usage governing them does not permit their marriage.  Your case does not fall within the above.  Hence, your marriage cannot be declared as null and void.  However, your marriage may be annulled by a decree of nullity on the ground that your consent has been obtained by fraud as to the material fact or circumstances governing the respondent.  Section 12(1)(c) of Hindu Marriage Act applies to your case.  You will have to file the petition before completion of one year from the date you came to know about being subjected to fraud.  Else, you will not get the decree under section 12 of Hindu Marriage Act and you will have to go for divorce under section 13.  Please file the petition immediately.

Kiran Kumar (Lawyer)     27 July 2009

Rohini u posted this query earlier also with other facts.

 

if still not satisfied then post the complete facts or contact some lawyer on this web by email of phone.

K.C.Suresh (Advocate)     28 July 2009

Deepak answered the querry well.

Manish Acharya (Sr. Manager (Costing))     28 March 2013

Dear Sir,

I got married in year 2003. At the time of marriage, my age was 22 Years and and my spouce's age was 16 years and  363 days. It's still continuing But:

  1. I was not aware of my spouce being minor at the time of marriage. (just got to know last month)
  2. The marriage was conducted by social force of my in-laws.
  3. She has never been able to give s*xual satisfaction to me.
  4. Our thinkings have never matched. Each of our discussions on any topic results into hell lots of arguments.
  5. Still after a long tenure of unwanted marraige relationship, we were blessed with a baby girl. We have remained separated for most of the times during the tenure of our marraige.

Can i file petition for nullity ou four marriage?

Regards,

Manish


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