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MKSingh (Personal)     13 October 2013

What is correct? please advice!!!

Hi All,

Please confirm what is correct?? Some advocates say nullity is not possible and some says it’s possible in my case.

I’m not sure what is correct and whom to believe.

We have married in a temple in front of friends and college. 
Respondent went back home same day. We didn’t have physical contact. 
Respondent parents are not willing because I’m not from their cast and I’m very poor. 
I’m working in a software company earning 17 K/m. 
I have sent legal notice initially. 
Had discussions in PS but couldn’t solve this problem in PS. 
Then I have filed a case on RCR, after first hearing the girl is saying don’t want to come with me because I’m poor. 
I’m thinking we cannot leave happily so want to close this issue. 
For this issue some advocates are saying nullity is possible and some are saying not possible. 

I have submitted the proofs in court  : 
23 Marriage photos , 4 marriage videos, 1 voice recording (before marriage she was asking to marry me) , 
2 RCR notices, gmail chat, temple marriage receipt, address proof and age proof.

I want to close this issue any ways, the respondent parents are requesting for nullity because they don’t want to be divorce. 
I have no issues with this but want to close this issue as soon as possible. 
I want to close this but not sure how to go further.

I found 2 ways:

1.       Take decree in RCR they apply divorce.

2.       Withdraw RCR and file nullity.

How much time will take for nullity and on what grounds is this possible??
Is there any other way??

Please advice how to go further.

 

Thanks,

Mukesh Singh.



Learning

 5 Replies

Nitisha Jain (Associate Lawyer)     13 October 2013

Your marriage cannot be nullified as per the Hindu Marriage Act. The grounds on which the marriage can be void are - one of you has a spouse already living or the two of you are within prohibited relationship (like same gotra etc.) or are sapindaas. None is the case for you.

The marriage can be voidable on any of the following grounds - marriage could not be consummated on the ground of impotency, the party was not sane was suffering from a mental disorder, the consent was obtained by fraud or coersion or the girl was pregnant at the time of marriage.

But for any of the above grounds, the marriage cannot be nullified. You have the option of divorce by mutual consent.

cyberlawyer (barrister)     13 October 2013

Is it possible to nullify the marriage on the grounds of different caste ? 

Sudhir Kumar, Advocate (Advocate)     19 October 2013

agreed with Ms Nitisha Jain

Sudhir Kumar, Advocate (Advocate)     19 October 2013

I will further add the being from difference caste is no ground to nullify marriage.

ashoksrivastava (scientist)     19 October 2013

@ querist you have made a mistake by filing RCR and sending legal notice. You should have maintained that marriage was not at all solemnised  since necessary ceremonies of saptpadi was not completed.This could have been done if wife didn't want to acknowledge marriage.

7 Ceremonies for a Hindu marriage.

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
regards
ASHOK

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