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Rakesh   11 October 2022

2nd marriage effect if 1st divorce under 12(1)(a)

In 2010, My marriage broke up and  I hired an advocate and asked to file a divorce with my wife since she was only not interested since the marriage happened at the time of her father's death. They said its compromise petition and marriage nullified.

Recently I came to know that advocate colluded with the opposite party and instead of filing on grounds that "she is unsound of mind and not interested in marriage since her marriage death", the advocate filed on grounds that "12(1)(a)".Find attached of such an order.

Query: Will it affect my current 2nd marriage?

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     11 October 2022

You have stated, inter alia, that, "In 2010, My marriage broke up and  I hired an advocate and asked to file a divorce with my wife since she was only not interested since the marriage happened at the time of her father's death. They said its compromise petition and marriage nullified."

What you want to communicate with your statement that your "marriage broke up.." ?

If so, why did you file a divorce petition, as stated by you ?

Further you have stated, inter alia, that, ".....since she was only not interested since the marriage happened at the time of her father's death...."  it is vague and confusing statement which do not carry any meaning.

Besides this, you have levelled allegation against your lawyer qua collusion with other party without any substantiation where you have stated, inter alia, that, ".... instead of filing on grounds that "she is unsound of mind and not interested in marriage since her marriage death", the advocate filed on grounds that "12(1)(a)"
What do you intend to communicate is not clear.

However, Section 12(1)(a) in The Hindu Marriage Act, 1955 provides that,

12 Voidable marriages (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

It is advisable to consult a local prudent lawyer for better appreciation of facts and professional guidance.

Shashi Dhara   11 October 2022

First wife has troubled you if not why you worry keep the certified order copy ,if she troubles defend in court.

P. Venu (Advocate)     11 October 2022

The facts posted are less than convincing. No definite suggestion is possible unless the Court order/Judgment is perused.

Surya R (business)     11 October 2022

Sir attached court order.My query is will it impact my 2nd marriage divorce since court gave order under 12(1)(a)
 


Attached File : 827503 20221011172704 case.pdf downloaded: 75 times

P. Venu (Advocate)     11 October 2022

The contents of the attachment is totally irrelevant. Moreove, the querist is Rakesh, but another person is is attachment which is not at all the Order from the Family Court, but the case status of an MV case pending in the High Court.

It appears that the latter person is having some fun at the expense of this platform.

Surya R (business)     11 October 2022

Sorry sir.I attached worng document by mistake.Reattacing.

THanks fr you support


Attached File : 827503 20221011225544 court order.pdf downloaded: 75 times

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