Vishal Sharma 28 September 2018

Nullity of marriage

Respected gurus, Kindly advise on the following facts: After the marriage has been dissolved by court and after the the waiting period the husband remarries. Thereafter the first wife files a petition in the court under section 11 of HMA for nullifying the second marriage of the husband. The husband filed a maintenability petition that 1st wife cannot seek nullity of second marriage under section 11 of HMA. The act is clear " against the other party' and no 3rd party. But the FC judge is adamant in admitting the case. What can be done ?? Eagerly awaiting your valued reply. Regards.

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3 Replies

Vijay Raj Mahajan (Advocate) 29 September 2018

You're right nullity petition can be filled by parties to marriage not 3rd party. The maintainability of the petition should be challenged by you under order 7 rule 11 read with section 151 CPC by filling application to be decided first by the Family Court.

Shankar Shetty (Practicing Advocate) 29 September 2018

Every case should be admitted. Every petition/applicaiton must be admitted, if its not judge is nothing but corrupt. The case will meet its natural end once it is admitted.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 30 September 2018

File aplication raising the question of admissibility of wife's petition on the grounds narrated by you along with proof of divorce decree with petitoner and the proof of second marriage. If you won't get relief in FC, go to appeal.