Nullity of marriage

This is not a divorce case.  This  is annulment of marriage.  The court will see into all the factors presented before it before passing an order for annulling the marriage, the court has to be convinced the reason for non-consummation of marriage as per law, then only the court will be able to pass order accordingly.  It is not a mutual consent divorce that the respondent will agree to the terms of the petition and the court will pass order accordingly.  If she agrees for breaking the marital ties legally, she has to give her consent for divorce  on mutual consent grounds alone and not under section 12 of HMA.

When the case has been filed u/s 12 HMA and the marriage has not been consumated, the Court will pass the decree accordingly and the marriage shall be declared as null (in layman's language divorced)

nothing called Nullity by Mutual Consent exists in law.

hey friend use your steps very carefully.if you made mistake then you have to pay huge amount."khya nahi piya nahi glass toda 12 aanaa" stick to principle of section 12 nullity of marriage.because divorce by mutual consent may fall you in the trap of mainatnance dont reily on only 1 lawyer.take advice of clever and reputed lawyer Please contact immediately on MENS RIGHT ASSOCIATION OR https://www.saveindianfamily.org/contact-us/ https://www.facebook.com/groups/saveindianfamilyfoundation/

Dear Friends,

                         Me and My Wife through our Advocates requested the Judge to refer for Mediation .

                         But Judge Rejected our request for Mediation stating that there is no Provision for 

                          Mediation in Nullity of Marriage ( Section 12(i) A and C)  and ordered further 

                          steps like filing  objection by my wife. I think after objection filing, the next 

                   step may be evidence, cross evidence extra.

                          Me and My wife thought to settle the matter in mediation but now judge has rejected 

                         request for mediation in nullity of marriage.

 

                          So please guide me how get marriage nullity SOON since both of us are not interested 

                           in our marriage  and marriage was not consumated.

 

Thanks in Advance.

                 

 

 

for making out the ground of NON CONSUMMATION, u have to prove that the failure to consummation was due to default of WIFE.

i.e. u have to prove the above averment.

 

court has power to send any petition under HMA to mediation - i.e. sec 9 to sec. 13 (sec 11 & 12 inclusive).

in your section 12 what you have written?

To Grant decree for nullity of marriage under section 12(i) A and C of the Hindu Marriage ACT.

Thanks.

Kumar

My case is similar but only section 12(1)(c)-kind of forceful marriage-But we were directly sent for counselling.But if both the party is not interested to continue in an unconsummated short lived marriage counselling is just a waste of time as they are only interested in reconcillation of the couple and giving dates after other....whats the best way out

my opinion is that if both want to discontinue marriage.then tell your wife not to attain court dates,not file written statement,court may grant one sided nullity of marriage.

Hi Unfortunate Victim,

                                         I think you are referring to exparte decree.It might take almost a year.Also if the other party asks for huge compensation/maintainance the respondent might not be able to defend..Or are you referring that both should skip the court dates here....

Hi quickrelief,
in this case the wife is ready for nullity.so I adviced it ,some lawyers do it and grand the decree under section 12.or there can be way to write in petition of non counsumation of marriage and after marriage wife immediately retuned to her parental house.and what ever alligations in petition has to accepted by wife.I think some lawyers can do this easily.so it will be like a match fixing.and nullifying the marriage is very good for boy as it will be declared clean for his character. 

There is rarely a case in family Court where both parties agree to everything and things just happen quickly. So, if there is a scenario where both parties have come to the conclusion that moving apart quickly with no monetary issues involved is the right thing to do, things should move very fast.  Under  these circumstances whether you use words like mutual consent, nullity, divorce, or whatever matters very little as long as advocates on both sides read the sections thoroughly and draft the petition accordingly.

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But thats all in theory. In reality, Judges will try to interfere and suggest reconciliation and then there are the counsellors who will try to show-off their skills by asking you to try and work things out. Finally, there are  advocates who will poison their client's minds and start complicating things. They will do so either out of ignorance, or to impress their client or out of greed to increase their fees. So, MUTUAL CONSENT AND DIVORCE/NULLITY CAN NEVER TAKE PLACE QUICKLY. NEVER... MARRIAGE IS A ONE WAY AIR-TICKET TO HELL. THE RETURN JOURNEY IS USUALLY BY BUS (IF YOU ARE LUCKY) OTHERWISE IT IS BY BULLOCK CART.

 

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