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Rose ( )     19 November 2009

Divorce vs nullification?

Sir,

pl clarify what is the difference btw nullification of marriage and divorce..

i had a terrible arranged marriage which could not last for 2 months. now we are waiting to complete 1 yr period so that we can file mutual divorce.. can i go for nullification of marriage??

what are the grounds for this how is it different from divorce?



Learning

 4 Replies

Suchitra. S (Advocate)     19 November 2009

nullifying a marriage cms whn any of the sopuse is a minor at the time of mariage, when one party to the marriage is hvng a spouse, or when the marriage takes place within prohibited degree of relationship. Otherwise, one has to file a suit for divorce.

Hardik Mehta (Family Counsellor)     24 November 2009

Further to Suchitras note, Nullification of the marriage happens when the marriage is not consumated, or if one of the parties is forced into marriage against his/her will, or the marriage has happened by fraud. In these cases also the annulment of the marriage is possible, but these cases are rare except non-consumption of marriage.

Sukhija (Advocate)     03 December 2009

Non consummation of marriage is not specifically a ground for nullification of marriage,rt?

Suchitra. S (Advocate)     03 December 2009

Nullification of marriage is possible only under the three circumstances I have mentioned earlier and not in any other circumstances. And I agree with Sukhiji.


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