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MKSingh (Personal)     11 October 2013

Nullity after filling rcr ??

Hi Experts,

Can I apply for nullity after filling a case on RCR?

 

Regards,

Mukesh Singh.



Learning

 9 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 October 2013

Dear,

 

Yes, you can... but it will depend on what grounds you are seeking nullity, otherwise the courts would consider your intention to be malafide.

Advocate Kapil Chandna

9911218741

Laxmi Kant Joshi (Advocate )     11 October 2013

No, you can't file a case of nullity , one side you are filing for restitition of conjugal rights means you want to cohabitat with her and other side you want to nullify your marriage .

(Guest)

1. Withdraw the RCR putting reasonable cuase related to your nullify of marriage as after due course you have found such ground's which directly ponit's toward's nullifying the marriage.


2. Work on such judgement's related to your case.


3. It is quite obvious that a petition can be withdrawn as it is choice of the petitioner whether he want's to continue with the same or not.


4. If you have experienced or encountered with such grounds which directly involves the nullifying your marriage then you can seek for amendment of your RCR by Order-6 and rule -17. And let the court decide as it will grant or not.


5. If it is granted then proceed further if not then just withdraw it and file the fresh voidable of marriage case by citing the grounds which has led you to file such case.


P;S -Be ready with your stringent proof on those nullifying issues.

Shantanu Wavhal (Worker)     11 October 2013

nullity on which ground ?

MKSingh (Personal)     11 October 2013

Thank you for all your answers.

 

This reference to the previous post,

https://www.lawyersclubindia.com/forum/Temple-marriage-family-sentiments-to-close-this-matter--82091.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=82797&offset=1

 

I have filed a RCR case (by party in person) 4 months back and two months back we had first court hearing.

The respondent father’s lawyer requested time for filing “Vakalath” and “petition”, but the judge ordered for Reconciliation. In that I got the chance to talk with respondent. I have understood that she is not interested in me because I’m poor. She was saying I can’t stay with you at your house. I didn’t expect that you are poor, you told me but I thought you were kidding as you don’t look like that Finally judge ordered to the respondent to give the response after two months. This 25th Oct 2013 we have court date. I found she is not correct for me and not want to continue life with her. she is interested in money.

Now the lawyer madam who took our counseling requesting me to settle down this case by taking nullity. She is trying to compromise and close the issue from both sides. I’m also thinking why the “Divorce” title for both. I’m thinking to go for nullity.  Need your advice how to go further.

 

Thanks,

Mukesh Singh.

Adv Jaydeep A Tanna (Advocate)     11 October 2013

SIRJI,

          i THINK YOU ARE CONFUSED 

         NULLITY MEANS MARRIAGE NOT  according custom or fraud or pressure by parent to marry.

          RC - to bring partner to matrimony home

        Nullity prove karna difficult hai saal ho saal lagata hai apki dusri shaadi karna meha taklif hoghi donko

      Nullity meha advocate ka payada hogha fees milangi long term

       RC file karo, counseling meha respondent matrimony ghar nahi ana chati hai toho usko mutual consent ka proposal rako.

ok you have no nullity ground be careful with advocate 

MKSingh (Personal)     12 October 2013

Hi All,

Please confirm what is correct?? Some advocates say nullity is not possible and some says it’s possible in my case.

I’m not sure what is correct and whom to believe.

We have married in a temple in front of friends and college. 
Respondent went back home same day. We didn’t have physical contact. 
Respondent parents are not willing because I’m not from their cast and I’m very poor. 
I’m working in a software company earning 17 K/m. 
I have sent legal notice initially. 
Had discussions in PS but couldn’t solve this problem in PS. 
Then I have filed a case on RCR, after first hearing the girl is saying don’t want to come with me because I’m poor. 
I’m thinking we cannot leave happily so want to close this issue. 
For this issue some advocates are saying nullity is possible and some are saying not possible. 

I have submitted the proofs   : 
23 Marriage photos , 4 marriage videos, 1 voice recording (before marriage she was asking to marry me) , 
2 RCR notices, gmail chat, temple marriage receipt, address proof and age proof.

I want to close this issue any ways, the respondent side are requesting for nullity because they don’t want to be divorce. 
I have no issues with this but want to close this issue as soon as possible. 
I want to close this but not sure how to go further.

I found 2 ways:

1.       Take decree in RCR they apply divorce.

2.       Withdraw RCR and file nullity.

How much time will take for nullity and on what grounds??
Is there any other way??

Please advice how to go further.

 

Thanks,

Mukesh Singh.

MKSingh (Personal)     12 October 2013

what is amendment of RCR by Order-6 and rule -17?? Please explain this. Thanks.

Ranee....... (NA)     13 October 2013

https://www.lawyersclubindia.com/forum/What-is-correct-please-advice--90359.asp


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