praveen 18 February 2016

Time taken for nullity decree(void marriage)

Hi my cousin needs nullity decree as her husband was already married before only. There is evidence(ration card xerox) also about his first marriage and other proofs like his first wife staying in his home town. so, how much time will be taken for nullity decree process to complete and get divorce from him.my cousin has 1 child also with him.

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Vijay Raj Mahajan (Advocate) 19 February 2016

Under section 11 of the Hindu Marriage Act,1955, either of the party can move the Family Court for declaring the marriage null and void through decree of nullity on the ground of the first living spouse of one of the party at the time of their marriage, the court shall serve upon the notice to opposite party to defend the petition and if the other party doesn't reply or defend the annulment petition, the court will proceed ex-parte and decide the petition on the basis of the evidence of the petitioner. The final order for nullity may in such case can take almost a year time in such cases otherwise the defended petition of annulment may consume as much time the other regular divorce case take in the particular family court of the city/district.