Manisha Kulkarni 26 June 2016

Void Marriage

on 25 June 2016 Hello Experts , I was a divorcee in 2010. I fell in love with a married person who married me in 2012 and 2 months after our marriage he got divorce decree by mutual consent. After living with this person till 2014 and having a child of 3 years from him I filed Domestic Violence case and 498A case on him these both cases are pending in court. In 2015 I even filed divorce case under 13(ia)&(ib) of Hindu Marriage Act. But this case got dismissed under Order 17 Rule 2 CPC (for not leading evidence) & Order 39 Rule 11 of CPC (Flouting orders of court) I am in love with another person now and have to marry him so want to get rid of this marriage . I want to ask EXPERTS : Can I Now in 2016 file petition under HMA section 11 r/w section 5(i) NULL & VOID Does RES JUDICATA or LIMITATION ACT or ANY OTHER ACT dismiss my NULL & VOID Case My husband is very angry now �so what kind of petitions can he file to Harass me. Please help me�

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Vijay Raj Mahajan (Advocate) 26 June 2016

At the time of your marriage with the man he was already married and got his marriage dissolved after two month of your marriage, in such case your marriage with him is null and void under section 5(1) read with section 11 of the Hindu Marriage Act,1955. You can even file criminal complaint against him under section 494, 495 IPC for bigamy that till date you did not file, may be because of misguidance of your Stupid lawyer, who went all ahead filling for divorce under section 13 of the HMA for a marriage that was already Null and Void.

Filling petition for nullity is very much there no issue of res judicate nor Limitation Act that will come in your way if a experienced family/divorce lawyer is engaged by you by paying his proper fee and not go for any other lawyer.

I always tell people in such public forum to engage lawyers who have experience in the family matters for such cases but unfortunately people get allured by the lawyers sitting on benches outside courts for such serious matters, waste their time and money on those stupid lawyers and afterwards cry in such forum.