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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". 



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 5 Replies

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. 

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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