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priya   12 February 2015

Void marriage

R'All Members, I am asking this Query On behalf of on of my friend please help. She did marriage in court under SMA 3 years before. Due to their study and Family problem she didn't say anything about marriage to her parents and from date of marriage till date stay with their family. Now she wants a divorce from that boy due to some family problem. That boy is not agree for divorce. she filed a court case section 25 of SMA for Annulling of marriage/void marriage stated that a) marriage is not consummated b) Husband refused to consummated the marriage c) she not spent a single day with boy as a husband wife under one roof. True points are a)her marriage is consummated b)she never gone to boy house If Boy Refused Then can she easily get Decree of nullity. or what steps she take further. can She file 498 please help


Learning

 10 Replies

Jayashree Hariharan (Advocate)     12 February 2015

Don't file false 498 please. 

Please wait for the what the judge says, don't be in a hurry after filing a case.

Shantanu Wavhal (Worker)     12 February 2015

she has ruined the life of herself + her husband .


Adv. Chandrasekhar (Advocate)     12 February 2015

Whether the marriage is consummated or non-consummated, the marriage cannot be annuled, because just by mere non-consummation, marriages would not become invalid.  There should be a component of impotency on the part of opposite party.  As per the present law, she will not be entitled to divorce decree, as long as the boy does not agree.  Ask your friend not to be haughty and live happy life with the boy as the marriage appears to be love marriage.

1 Like

priya   12 February 2015

Thank you Sir, My friend's Adv told her if both of you living apart from each other more than 2 yr then marriage is declared as annulled. 1) please tell me on this basis it is declared annulled or Not? Sir marriage is love marriage but her parents did not agree for that relation and fix their marriage somewhere else. Thats why my friend wants divorce. 2)if boy is not agree the What is the time period for Obtain judgement. 3)before applying Case ,few mail send by the boy to my friend written that "you send the papers i will put my signature on it and send back to you" May this type of email help my friend in trial, if boy did not agree for giving divorce. 4) in some of email boy also written that "i want to stay with you please come back" please give me your valuable suggn.

SuperHero (Manager)     12 February 2015

@Priya - Very Sorry If I am straight forward.

Marriage is Sacred. And your friend or you is making fun of it and it is not a toy's play.

Tomorrow if your friend doesn't like the marriage that has been set up by her parents then what shall she do?

What are you going to inform the other guy that she never got married. And if the new guy comes to know that she got married earlier and got divorced. 

And if he files the case that you guys have cheated the boy all people will be going to court round and round which will be so bad for both the families.

In Legal Terminology - May be other advocates can throw some light....

priya   13 February 2015

Please Any Adv. give their valuable legal Suggn about my last post.

Goutam Prasad (Advocate)     13 February 2015

Section 498A is for dowry harassment, hence you can do nothing with such case. If you have any proof of dowry harassment, then you can proceed with the case, just to pressurize him, but 498A in itself is nothing to do with divorce or annulment.

If marriage was not consummated, it can become ground of annulment, but non consummation of marriage needs to be proved through medical evidence.

Choice is yours.


Regards


Goutam Prasad

Advocate

https://www.facebook.com/aegisjurist

rahul (xyz)     13 February 2015

Thank you Sir, my last query is that My friend's Adv told her if both of you living apart from each other more than 2 yr then marriage is declared as annulled. 1) please tell me on this basis it is declared annulled or Not? Sir marriage is love marriage but her parents did not agree for that relation and fix their marriage somewhere else. Thats why my friend wants divorce. 2)if boy is not agree the What is the time period for Obtain judgement. 3)before applying Case ,few mail send by the boy to my friend written that "you send the papers i will put my signature on it and send back to you" May this type of email help my friend in trial, if boy did not agree for giving divorce. 4) in some of email boy also written that "i want to stay with you please come back" please give me your valuable suggn.

rahul (xyz)     13 February 2015

If you ppl find any soln releated that query then plz help me also at my I'd. I m facing such type of problem also. Thnx in adv

Sudhir Kumar, Advocate (Advocate)     26 April 2015

@ Rahul

 

facts of the case are identical with yours but situation is not identical. You are at receiving end.  The querist here is not at receiving end.


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