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rajesh (rtrtrt)     04 October 2016

Section to expedite the null and void case pending for 4 yrs

My name is Rajesh and filed a Null and Void petition in the family court before 4 yrs still and pending at Witness stage from her side.. theres a section called sec 21B under hindu marriage act to decide the case within 6 months and there are cased where in High court given direction to family court to decid the case within 6 months .. but , is there a section available to expedite for " null and VOid " or can i use section 21b of Divorce for NUll and VOide too ?

 



 12 Replies

adv.bharat @ PUNE (Lawyer)     04 October 2016

No u can't use that section for null and void marriage.

rajesh (rtrtrt)     04 October 2016

I believe the objective to have a section 21b for Divorce is to have a speedy disposal of pending case so that judicially the couple can get seperated under divorce and move on with life ..

here i am seeking NUll and void order to judiciall separate to move on ... under that ground cant I seek Highcourt to give a directions famly court to decide within 6 months , as in my case theres no valid counter filed from her side in the last 4 years ...

i am a single parent and have custody of 8 yrs son under habeus corpus petition ..

keeping this case pending will be an issue for me as well as the child ...

pls advise

whatnot   04 October 2016

reason for null &void is?

rajesh (rtrtrt)     04 October 2016

I am living separately for the last 7 years due to incompaitiblity with wife ,I have filed for a null and void .. based on the ground that I am an hindu and she is a Christian .. solemnized under hindu marriage act ..by just tying a mangal sutra (cross ) and not registered ... so as per hindu marriage act only two hindus can get married and one non-hindu , it has to be special marriage act.. based in this ground I have filed for a null and void four years back and case is not reaching a finality ... just getting adjourned ...

whatnot   04 October 2016

I only hope you have really had a hard look at reasons for Null&Void under HMA.

 

I guess not...

 

Your petition is based on technicality, May have to wait till it moves to Supreme court.

 

I thought I had seen many varied cases.. This trumps.

 

I guess lawyers already suggested you to try for divorce.

Spare some change?.. I can use them

 

rajesh (rtrtrt)     04 October 2016

exploring grounds to decide the 4 years case is hurry ? do all the null and void cases have to go to supreme court despite there are many appelent orders for N&V ?

rajesh (rtrtrt)     05 October 2016

i do have photos and wedding invitations .. socially it was a witnessed marriage.

however, due to incompatibility with wife i would like to separate legally .. null and void is just

a ground to meet the requirement ... thought divorce will take and tried N&V , however, this too gets delayed .. today had hearing in the court and adjourned to this month end and posted for Arguments ..

prabhakar advocate (advocate)     05 October 2016

Who says Sectin 21-b applicable only in divorce cases.  It is definitely applicable to null and void cases.  Refer to section and read it.  You can approach the High Court and High Court will give direction to the family court to dispose off the case 'preferably within 6 months'.  In addition to this there is a provision in Family Court Act also for quick disposal of petitions in Family court.  You will get relief,  but HC will take up its own time to dispose your petition.

sai narayana   05 October 2016

You have already admitted the marraige by filing this petition so only option left for you is moving HC for speedy disposal.

rajesh (rtrtrt)     06 October 2016

convincng her for a DMC is next to impossible ... she will not take money either .. now the case is in Argument stage .. is this a final stage ? not sure how long it may take ,,,

rajesh (rtrtrt)     19 October 2016

although my case was posted for argument today . .however, her advocate filed an other application to recall and cross examine me .. and it was accepted and posted on Nov11th .. can some advocate help me to get a directions from high court to the family court to decide null and void petition within 6 monts under section 21B of hindu marriage act , as this case is penidng for 4 years .. never reaching a finality ..

 

rajesh (rtrtrt)     19 October 2016

i am from Bangalore loction .


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