Seeking help....

If you are sure that she is medically
suffering from some incurable disease and that you can prove the same
before the court of law you can file a petition for nullity of
marriage.

Dear sir

Thanks for the reply. But we want clarity regarding nullification of marriage. If the other party is not agreeing for mutual approach, is there any way to get a decree of nullity if groom approaches court and by showing the evidences such as medical history of her for the last 9yrs... and we have a written statement of her duly signed by her before leaving her home stating her illness with the witnesses of her parents and brothers who signed on the same statement written by her own hand writting.

As we are trying to ask them for mutual approach... please let us know if there is a provision in law for getting decree of nullity by mutual consent in our case.

And please let us know if we can file a petition for the decree of nullity even before 1yr after marriage as the marriage took place in Oct 2007.

.Sir if the other party is also willing to comeforward to take steps
for nullifying the marriage or not you can file a petition for that by
your own. If other side comes forward you can file a joint petition or
you have to file a petition by your own showing the wife as Respondent.

Section 12 of HM Act reads as follows

(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 imoptence of the Respondent; or

(b) that the marriage is in contravention of the condition specified in Claue (ii) of Section 5; or

(c)
that the consent of the petitioner; or where the consent of the
guardian in marriage of petitioner [was required under Section 5 as it
stood immediately before the commencement of the child marriage
restraint Act] the consent of such guardian was obtained by force [or
by fraud as to the nature of the cermony or as to any material fact or
circumstances concerning the respondent]; or

(d) that the Respondent was at the time of marriage pregnant by some person other than the petitioner.

So
as in your case there was no consummation of marriage and as you said
that the said fact is given in writing by the wife and attested by her
parents you can file a petition under Section 12 of HMAct  for
nullity of marriage. There is no time limit prescribed for filing a
petition. for further clarification you can contact me at
s_bsst@yahoo.com or can call me at 94401-20259

Thank you very much sir...

So Now, as you know our case... can you please tell me how long the case may run and approximate time for getting 'Decree of nullity' if we alone approach court. And also please tell how long the case may run in mutual approach for nullifying the marriage. And when can he marry again and let me know about the 'alimony or maintanece' factor in case of Nullification of marriage whether she can earn or not. 

if the case if filed with mutual consent then maximum period of one year, u ll ve to wait......if otherwise then it may take longer time, cause the case remains pending til the appeals are decided if filed.......appeal is a continuation of the proceedings.

if the marriage is proved to be solemnized with fraud then dont be afraid of maintenance aspect.......if u r going to be divorced by mutual consent then make the necessary arrangements by talking to the other party.

dear sir, there is lot of difference between cups and lips.if opposite party contest it may not be a cake walk. ld.court may not presume what you are telling and it may drag for years together including proof of preexisting disease by neuropsychiatric openion.i feel for your distress.kindly try for dissolution of marriage by mutual consent at appropriate time.since you are not in fault and intention is noble you cant fail. drscpratihar@yahoo.co.in

Dear Ram as my friend said if you alone
file the petition definetly the other side will defend their case in
such an event it may take more than a year. You have to examine the
doctors and place sufficient evidence before the court . Even if the
lower court passes a decree in your favour, there is always an option
for the other side to contest the same by way of an appeal.

Dear kiran kumar

Thanks for you reply, I request you to pls go thru our case once again to clarify my following queries.

Please clarify the following.

1. By mutual consent, can a joint petion for Nullification of marriage be filed for obtaining a 'Decree of Nullity' ?

2. When there is mutual approach for Nullification of marriage does it take even a year to get the 'Decree of Nullity'?

3.What is the minmum period it takes to get the 'Decree of Nullity'? As both are mutually coming forward for nullification marriage.

4.After getting the 'Deceree of Nullity'....will there be any chance that the other party may approach higher court even at a later stage for one reason or other.

Ram,

In answer to your question,

1) Yes, u can file a joint petition for divorce.

2 & 3) From the date of first hearing after filing of joint petition the court gives a period of six months time to both the parties to try for a reconciliation as a last chance. If even after six months the parties are willing to obtain divorce, then court will grant divorce provided both the parties are present on the date of hearing and that no one objects to the divorce petition.

4) Where a marriage has been declared as null and void and accordingly divorce has been granted to the husband and wife upon a petition presented by them with mutual consent, then neither party can go in appeal unless it is proved that such decree of divorce has been otained by threat, coercion or undue influence.

Dear D.V.Rama Krishna garu

We want a 'decree of nullity' under section 12 (1)b read with section 5(ii)b and NOT Divorce.

You have answered for my 4th query as ' Where a marriage has been declared as null and void and accordingly divorce has been granted.....'

When a marriage has been declared as null and void 'Decree of Nullity' of marriage will be granted right...? there is no necessity to declare as '.....accordingly divorce has been granted'. Pls clarify me

Dear RamaKrishna garu

Can you send me one sample Judgement of 'Nullified Marriage' by declaring a  marriage null and void and who got 'Decree of Nullity' under section 12(1)b read with section 5(ii)b.

Please send me asap if possible to kopallebharadwaja@yahoo.co.in

Thanks and regards,Ram

Dear Ram,

There is no provision in Law for Decree of Nullity by mutual consent, therefore no question arises about the approach or the minimum period for the same.

You may file a suit for declaration of marriage as voidable U/s 12(1)(b) of HMAct taking the ground of bride's mental disease (Schizophrenia) at the time of marriage. In my opinion you should also take the ground of fraud U/s 12(1)(c) HMAct as the material fact of mental disease of bride was concealed by them at the time of marriage. It may make easier to establish your case.

The limitation for filing such case is one year from the marriage.

If there is a chance of mutual consent, you may file divorce by mutual consent after the period of one year from the marriage.

thanks for your reply sir