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test singh (xyz)     02 May 2013

Wife`s rights after marriage null and void under 12(1)a

Hello Experts,

CAn you tell me now what are the roghts of my ex wife after marriage null and void under 12(1)A. as it has dec. null and void 6 months ago and what she has right also tell me upto what time she will have those rights ..

note: she mention in the petition for not getting any demand in future so can she still file a case for 125.




 7 Replies

Shantanu Wavhal (Worker)     02 May 2013

1. who has filed the petition ?

2. whose impotency was proven during trial ? husband's / wife's ??

now coming to null & void.

sec. 11 deals with null and void.

the marriage covered by this section is NO marriage AT ALL - since from the inception. the marriage is void eventhough no decree is passed by any court. (M.M.Malhotra vs union of india - SC, Yamunabai anantrao adhav - SC)

sec. 12 deals with annulment.

the marriage covered by this section is valid for all the purposes until ANNULLED by a competent court.

sec. 12 deals with annulment of a valid marriage whereas sec. 11 merely deals with declaration as to nullity.

as far as the rights are concerned, answer of Question no. 2 above & facts-merits of case will be decisive factors. (mostly in favor of the wife)

Shantanu Wavhal (Worker)     02 May 2013


12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent 

test singh (xyz)     02 May 2013

Hi Amit ji,

1. wife has filed the case as petioner and won the case and court passed the order as mrg declared zero

2.husband was proved impotant in the court.

3. decree was passed 6 months before. now

4. Now both want to get marry sepratly 

5. now husband is ok by the treatment but both the party want to sttle down seprately

please share your comment against each point


Shantanu Wavhal (Worker)     02 May 2013

appeal period of 90 days is over.

so the decree is final now.

if wife has admitted in court to give up her future rights, she now can NOT ask for maintenance u/s crpc 125


tell both of them to forget eachother and move on.

Shantanu Wavhal (Worker)     27 May 2013

such malpractices should be reported to bar council.

Manvendra (DPM)     27 May 2013

Mr Sandeep Verma and Arvind Verma ( Chamber No B136 and Chamber No 127 Tiz harzri Court ) are fraud advocate dont hire them , they will charge both party and double cross both the parties also they dont even communicate, They change petition page after signing for their benifit

Paras Awasthi (Businessman)     10 June 2013

@test singh


I do not think that she can demand for anything if the marriage has been declared null and void. More so if she has also mentioned in petition that she would not demand any money.


However i think you should get credible expert opinion on this matter as that is always good. One such good place is www.lawkonect.com


Just post your query online in very simple words and you will get a detailed response to your question by seasoned lawyers as per your requirement.



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