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Ram (RPO)     25 September 2008

Seeking correct advice

Dear Advocates!

Pls clarify me....

Under section 12 of HMA 1955 i.e Voidable marriages;- For filing a petition for 'nullification of marriage' to obtain a 'Decree of Nullity' of marriage, should we need to file the petition only before 1yr from the date of marriage..?. I mean for nullification of marriage should we need to approach court only before 1 yr of marriage..?


 6 Replies

Gaurav Pandya (Advocate & Registered Trade Mark Attorney)     26 September 2008


No. Ofcourse not.

Gaurav Pandya



SHEKHAR MISHRA (public servant)     26 September 2008

NO.there    is   no   bar    of    1  yr    under    the     provisions    of     sec. 12.

SANJAY DIXIT (Advocate)     26 September 2008

The limitations for filing the petitions for voidable marriages are given in S.12(2) of Hindu Marriage Act 1955.
You may go through it.

Ram (RPO)     26 September 2008

Dear Dixit sir,

I have gone through the said S.12(2) of Hindu Marriage Act 1955.

But..Iam not so clear that ...under section 12 (1)b read with clause (ii) of Section 5 should we need to file a petition only before 1yr from the date of marriage OR before one year after the 'fraud has been discoverd'. fraud in my case means concealing the material fact of mental illness of the bride at the time of marriage.

And also please tell me that does ' concealing the material fact of mental illness of the bride ' covers under FRAUD or not.


Guest (n/a)     26 September 2008

Dear Advocates

Please guide me..

Marriage was performed 11 months back. We want for valid reasons, annulment of marriage and obtain “Decree of Nullity” of marriage. While this issue of ‘Nullity of Marriage’ is pending…can we file a separate petition for “Divorce” immediately after one year of marriage.

Our intension is preferably to obtain nullity of marriage only. For fear that the nullity of marriage may not be granted, we are particular for divorce even.

Please advice whether “Nullity” and “Divorce” petitions can be filed at one and the same time or separate.



Guest (n/a)     28 September 2008


It could be only separately possible.

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