Chrstain divorce
advt Mukunda muniyappa
(Querist) 27 June 2015
This query is : Resolved
Dear all,
this is special case, pls advice
the marriage taken place between prohibited degree in 2010. the husband is wife mothers own sister daughter.
husband and wife parents are own sister. in relationship they are brother and sister.
the marriage is already consummated,they have child. now the husband want to declare marriage as void and null..
1) girl forcefully married the husband treating she will die if he does not marry her.
2) parents force him to marry.
my question .....
is the void and nullity has time limit.
is there any case law on the time limit.
Thanks and regards
Muraaree
P. Venu
(Expert) 28 June 2015
Had the marriage solemnized with the approval of the church.
Isaac Gabriel
(Expert) 28 June 2015
Void marriage cannot be nullified, though it is under prohibited degree.
Rajendra K Goyal
(Expert) 07 July 2015
Agree with the advise of expert Isaac Gabriel.
advt Mukunda muniyappa
(Querist) 13 July 2015
sir thanks for your valuable advice.
the marriage is taken in husband house.
Gabriel sir,
is there any other choice for separation.
Thanks.
Muraaree
Guest
(Expert) 13 July 2015
Leave alone the Legality the Fate and Future of the Child Born to be considered on Priority.When that Gentle Man Could go in so deep of Legality Now he should have thought and done all this before Marriage.Whether it had happened in Church or Not Whether it is under prohibited degree or not they are not only husband and wife they are father and mother now and they are married couple legally.
Guest
(Expert) 13 July 2015
More over the marriage had taken place in Husband's house so obviously he would be the main cause and reason for this marriage and now he plans to get rid of them.
SAINATH DEVALLA
(Expert) 13 July 2015
A void marriage is a marriage which is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is "one that is void and invalid from its beginning. It is as though the marriage never existed and it requires no formality to terminate."
A marriage, however, which can be canceled at the option of one of the parties is merely voidable, meaning it is subject to cancellation if contested in court. A marriage that is entered into in good faith, but which is subsequently found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.
Once the marriage is void the relationship is nothing but live in relationship.But the Supreme Court has pronounced a landmark judgement in 2013:
GO THROUGH THIS ARTICLE:
The Supreme Court of India said, live-in relationship was nor a crime, not a sin, and Parliament should enact law to regulate live-in relationship and amend Domestic Violence Act too.
In the landmark judgement, a bench headed by Justice K S Radhakrishnan framed guidelines for bringing live-in relationship within the expression ‘relationship in the nature of marriage’ for protection of women from Domestic Violence Act.
“Parliament has to ponder over these issues, bring in proper legislation or make a proper amendment of the Act, so that women and the children, born out of such kinds of relationships be protected, though those types of relationship might not be a relationship in the nature of a marriage,” the bench said.
The apex court formulated the following guidelines relating to live-in relationship on following points:
1) Duration of period of relationship
Section 2(f) of the DV Act has used the expression “at any point of time”, which means a reasonable period of time to maintain and continue a relationship which may vary from case to case, depending upon the fact situation.
2) Shared household
The expression has been defined under Section 2(s) of the DV Act and, hence, need no further elaboration.
3) Pooling of Resources and Financial Arrangements
Supporting each other, or any one of them, financially, sharing bank accounts, acquiring immovable properties in joint names or in the name of the woman, long term investments in business, shares in separate and joint names, so as to have a long standing relationship, may be a guiding factor.
4) Domestic Arrangements
Entrusting the responsibility, especially on the woman to run the home, do the household activities like cleaning, cooking, maintaining or upkeeping the house, etc. is an indication of a relationship in the nature of marriage.
