Vikas Dharmendra (Consultant) 11 September 2009
Please let me know exact process and draft of marriage annualment.
Who are required to file the petition for this, is this can be done only by one of married couple.
this is to get rid of fraud arranged marriage without boy's consonent and was based on wrong facts.
Prakash Yedhula (Lawyer) 11 September 2009
Secton 12 of the Hindu Marriage Act refers to annulment of marriage between Hindus. Find the same extracted below:
12. Voidable Marriages.-(1) Any marriage solemnized, 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:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. 2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
Adv. Deepak (Advocate) 11 September 2009
Petition for matrimonial relief can be done only by the party to the marriage and not the third party. You can initiate the proceedings by preferring a petition for annulment before the competent court. What is the religion professed by the parties? The draft can be made by knowing the brief facts. ddkharpudikar@indiatimes.com
Vikas Dharmendra (Consultant) 12 September 2009
Parties are hindu by religion and consonenent of boy is taken by fraud and force in arranged marriage. Other party hides the serious health related issues and some more facts.
is that petiiton shold be filed within a year?; in which court this petiton can be filed?, Please let me sample of that Annualment draft; and how much time it takes to pass the decree of annualment by respective court, is that annulamnet process becomes easy if other accepts the fraud done by them?
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 12 September 2009
Yes, if the other party accpts the fraud then court can pass an order of divorce/ marriage void immedieatly even before one year.
Regards
adv.kamal.grover@gmail.com
Vikas Dharmendra (Consultant) 13 September 2009
What can be the grounds of fraud. if some facts are hide like age, education and health can be considered as fraud. is annualment can be filed after one years also, or is Mutual consonent divorce and annualment can be files in one petition?
How much time court takes to pass the decree of annualment? can court pass the decree of annualment immediately.
Please help.
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 13 September 2009
Plz go through section 5 of HMA.
Regards
Vikas Dharmendra (Consultant) 14 September 2009
Can this petition be filed in Family court by either party, means without consonent of other party.
Adv. Deepak (Advocate) 14 September 2009
Mr. D. Vikas K.C. This petition can be filed in Family Court by either party without consent of the other party. As per the provision of Section 12 (2) (a) (i), this petition should necessarily be made within one year from the date on which the fraud has been discovered. If the other party accepts the fraud, then the court will immediately pass necessary and suitable orders accordingly. However, as per my opinion, the other party will certainly not admit the fraud. You will have to prove that the fraud has been committed by the other party. Unsoundness of mind, mental disorder, unfit for marriage and procreation of children, recurrent attacks of insanity, impotency, saptapadi not performed, concealment of material fact by the spouse, all these are the grounds for annulment of marriage. If the petition is preferred after completion of one year from the date on which cause of action arose, then the court will consider it to be a petition for divorce on the ground of cruelty and not a petition for annulment. If the other party does not admit the fraud, it may take around one year to get the decree of the court. Regards. What type of fraud has been committed in your case, it will decide the time required for getting the decree. ddkharpudikar@indiatimes.com
Vikas Dharmendra (Consultant) 14 September 2009
Thanks Adv Deepak for the valueable information as I wanted, if party hides information about the education, age and helath and those are discovered after marriage immediately then these facts.
comes under fraud or not?
Because of health problem party is unfit for marriage. can you please little explain about "concealment of material facts by spouse" and "unfit for marriage and prcreation of children".
How recurrent atack of insanity can be proved?
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