LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rao (Software Engineer)     07 October 2008

Clarification needed

Dear Advocates

Please clarify.

Marriage was performed on 28.10.07. We want for valid reasons, annulment of marriage and obtain “Decree of Nullity” of marriage under section 12 (i) b read with clause (ii) b of Section 5.

49 days after marriage (no consummation took place during this period of stay) we came to know about bride’s serious mental disorder for which she has been taking medicines since 1999 as per medical record we have. After 49 days of stay at groom’s place, after long discussion with bride’s parents, groom expressed his intention to ‘not to live’ with her and sent her to their parents place along with her parents.

Is it necessary that for filing a petition for nullification of marriage, groom should file a petition only before 1yr from the date of marriage?.

The reason I am asking this because, after one year from the date of marriage, one is entitled to file a petition for ‘Divorce’, So…for “Nullification of marriage’ is there any constraint that we need to file a petition for the same only “before 1yr” from the date of marriage.

Regards,



Learning

 4 Replies

sanjay kumar patibandla (advocate)     07 October 2008

yes you can file petition for Nullification of marriage before one year. After one year you can not file for nullity. There are clear s c cases showing that no one can't file this type of petiton after one year. No question of condoning the delay.


One more point is i think your case is not so fit case for filling petition for nullity of marriage.


Before one year also you can file a petitin for divorce by filing seperate petition u/s 14  of H M act by seekig permition to file divorce petition with in one year period.

K.C.Suresh (Advocate)     08 October 2008

How can we call it a nullitty dear Rao. On what grounds you prefer a nullitty than a divorce. Pl clarify Raoji.

Rao (Software Engineer)     08 October 2008

Dear suresh ji


Since the bride is suffering from a serious mental disorder since 9 yrs prior to marriage for which we have medical record, we want to file a petition for 'Nullification of marriage' under section 12 (i) b read with clause (ii) b of Section 5.


And also we are planning to file a petition of fraud against bride's father for concealing the meterial fact of her serious mental disorder at the time of marriage...may be under section 12 (c).


So we prefer nullity of marriage since, there is no consummation of marriage so far even in the duration of 49 days of her stay at groom's home since then she is residing with her parents. Moreover, Nullity comes under the marriage is not technically existed between them and also there will not be any claim for alimony and maintenance.

Rao (Software Engineer)     08 October 2008

Dear suresh ji


Since the bride is suffering from a serious mental disorder since 9 yrs prior to marriage for which we have medical record, we want to file a petition for 'Nullification of marriage' under section 12 (i) b read with clause (ii) b of Section 5.


And also we are planning to file a petition of fraud against bride's father for concealing the meterial fact of her serious mental disorder at the time of marriage...may be under section 12 (c).


So we prefer nullity of marriage since, there is no consummation of marriage so far even in the duration of 49 days of her stay at groom's home since then she is residing with her parents. Moreover, Nullity comes under the marriage is not technically existed between them and also there will not be any claim for alimony and maintenance.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register