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MANKU (EXECUTIVE)     24 October 2017

Nullity of marriage

Respected Experts,

I have remarried after almost 2 years of divorce and there was no further appeal in any higher court.

Now my ex wife has filed a case in the Family Court for Nullity of my second marriage.

Kindly guide me how should I handle the case. 



 3 Replies

rupamgupta   24 October 2017

Hire an able lawyer and conduct a proper hearing and if luck favors you, the said case will be dismissed. The said case filed by your ex wife is devoid of any merit.

Rupam Gupta

Siddharth Srivastava (Advocate)     24 October 2017

Was your marriage dissolved by Decree of Divorce passed by competent court of law? If answer is yes, then there is nothing to worry. No case of annulment is made out. Further for seeking annulment of marriage it is only eith party to the marriage i.e. either you or your present wife who can seek annulment. This remedy is not avilable to any other third person like your ex--wife.

Adv Radhika Mehta (Advocate)     27 October 2017

Firstly as rightly mentioned hereinabove, nullity cannot be filed by a third person to the marriage.  I think that there might be some misunderstanding in understanding the provision. 

Secondly, since you married after the prescribed period of 90 days, your marriage is very much valid. 

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