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Ram (Manager)     02 October 2009

Please answer to my situation..

Under what legal section OR provision can the "Bride Groom" disowning the Bride, go for "Nullification of marriage" immediately after 2yrs of marriage performed in a "dubious manner" concealing the fact of "Intensice medication"of Bride for "serious mental-disorder and dipression" since 8yrs prior to marriage. Further there is no "consummation" of marriage and the "Bridal couple" are not living under one roof for the last 2yrs.

I earnestly request for a "specific reply" to my above request, but not any other advice or comments regarding the legal process of "Desertion" or "Divorce". 



 5 Replies

Guest (Guest)     02 October 2009

You have got remedy in Section 12 (1) (b) & (c)  of Hindu Marriage Act and the marriage can be annulled by a decree of nullity.  If you prove that the lady is incapable of giving a valid consent to marriage in consequence of unsoundness of mind or though capable of giving a valid consent, has been suffering from mental disorder of such kind or to such an extent as to be unfit for marriage and the procreation of children or has been subject to recurent of insanity or epilepsy or the consent of the bridegroom  was obtained by fraud. 

Ram (Manager)     02 October 2009

Dear Prabhakar

Thanks for your reply. You have just mentioned exactly what is there under section 12 (1) (b) read with section 5 (ii). I have already gone throug that section. What i mean to ask is.....IS THEIR ANY TIME BAR to approach under this perticular section. i.e I have already mentioned that the marriage took place in SEP 2007 i.e as of now its around 2yrs. So can i file petition under the above section at this perticular time.

I read in the HMA 1955 that for nullification of marriage one should approach before court with in completion of ONE (1)yrs after marriage.

Please clarify this. 

Guest (Guest)     02 October 2009

The condition of one year is applicable only when the case is relied on the ground 12 (1)(c), i. e., the consent of the bridegroom is otained by force of by fraud.  Even this limitation is not absolute.  It the petitioner proves that he filed the petition within one year after the force has ceased or fraud has been discovered, the petition is maintainable.  If you are relying on grounds  of Section 12(1)(b), this one year period is not applicable.

Adinath@Avinash Patil (advocate)     03 October 2009

IF YOU RELYING ON ON GRONDS  H.M.ACT SECT.12[1][B]  ONE YEAR PERIOD IS NOT APPLICABLE.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 October 2009

Opinion of Prahakar and Adinath is perfect.


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