Arbitation of sec 25 of special marriage act
B Pradhan Singha
(Querist) 13 March 2013
This query is : Resolved
Dear all,
I have quarries about my case as follows:
U/S 25 (iii) of Special Marriage Act, it described that, Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if The consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872),
Provided further that in the case specified in clause (iii), the court shall not grant a decree if Proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
In my case, my wife was forcefully separated from me and given a 2nd marriage immediately. Our marriage date was 27/03/2012, we were forced to be separate on 28/03/2012, and her 2nd marriage date was 01/04/2012,
Against my FIR, she had recorded a statement U/S 164 CrPC on 20/7/12, stating that we had induced her intoxication to obtain her consent and forced her to sign in the registration.
Now, my question is that, what does it mean by instituted within one year as per sec 25 (iii) of special marriage act’1954. Is her statement would be treated as institution of the proceedings U/s 25 (iii) of the act to nullify the marriage. All though she had made no separate complaint or FIR or petition by any means.
I have strong circumstantial evidence about her free consent and consummation. If I became successful to proof that what she says is false, then what will be the future of the case? My FIR is U/s 365,366,506 IPC against her parents and relatives and alleged husband.
Another point is that, in the meantime, if she files a divorce petition, then proceedings on the point of nullity of the marriage will continue? I mean to say, if once a divorce petition is filed by either party, can she further argued on nullity ground?
Devajyoti Barman
(Expert) 13 March 2013
In her sut for nullity of marriage you would get chance of filing your written reply wherein you can include all the possible point of defence as well as offfence.
One she files suit fir nullity, she can not file suit for divorce before the disposal of the earlier suit.
Raj Kumar Makkad
(Expert) 13 March 2013
The limitation for filing the nullity is going to expire within next 7 days so better to wait for that period and there is no hope of filing such petition on the part of your wife as she do not treat marriage with you as a legal marriage and even she do not wish to close the chapter opened by you.
It is now you to decide what to do rather don't expect any action on her part.
ajay sethi
(Expert) 13 March 2013
your wife has left you and remarried . it is in your interest to move on in life and agree to mutual separation .
B Pradhan Singha
(Querist) 14 March 2013
Dear Devajyoti sir,
Thanks for your reply,
But she had file no separate case for nullity but has given only a statement u/s 164 CRPC during the proceedings of my case u/s 365,366.506 IPC against her parents and relatives.
So my quarries is that, does her statement U/s 164 Crpc means to "the Proceedings have been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered" as per sec 25 (iii) of SMA.
What does it mean by "instituted"...is it mean a nullity case should be initiated be her or her reply against my case is mean that it instituted.
Dear Makked sir,
Thanks you,
Please clear me that, what it means by "within one year after the coercion had ceased or, as the case may be, the fraud had been discovered". if she say that, she discovered the fact on that date when she given her statement, then what will be the time limit for 1 year?
without resolving my case against her parents, may i file a Divorce case?
She is not agree to give divorce, either mutually or by any means, as she got separated from her 2nd husband and staying in her parents house.
Pl reply,
Nadeem Qureshi
(Expert) 17 March 2013
Dear Querist
As per this section if you read carefully, the words are:
(a)proceeding have not been instituted within one year after the coercion had ceased or as the case may be, the fraud had been discovered.
means if any party who want to get relief from the court under this section then two point will be keep in mind
1. if there is any coercion had ceased then the case under this section should be filed within one year, if the case has been instituted/filed after one year the court shall not grant a decree for declaration of voidable marriage.
2. if the point is related to fraud then the time will be start when the fraud had been discovered. means if the party discovered the fraud on 17.03.2013 then before one year the party should file the case or institute the case before the court otherwise the court shall not pass a decree of voidable marriage.
Feel Free to Call
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
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