divorce and annulment

Deepak (Querist) 18 February 2015 This query is : Resolved
A was married 3 months before. Now both 'A' and his wife applied for mutual divorce taking benefit of sec14 HMA which was rejected by court. Now A want to file case under section 12 for declaring marriage void on the ground of fraud and that his wife was pregnant at the time of marriage. 1. Can he file such suit for annulment or it will attract principle of Res-judicata Or any other bar?

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Deepak (Querist) 18 February 2015
Will sec23 hma creates bar in any way?

Deepak (Querist) 18 February 2015
what can be done tofile suit for annulment or he has to apply for mutual divorce after one year of marriage

Devajyoti Barman (Expert) 18 February 2015
he can either wait for 1 year or file suit for annulment.

P. Venu (Expert) 18 February 2015
Res-judicata has no application when causes of action are different.

ajay sethi (Expert) 18 February 2015
he can file for annulment as it is based on separate cause of action

Deepak (Querist) 18 February 2015
Does court will not presume it as collusive.

Deepak (Querist) 18 February 2015
As earlier case was filed of mutual divorce on basis of exceptional hardship and now it will be contested case.

Further if one files divorce by mutual consent within 3 months of marriage and in court wife refuses then can husband proceed for annulment?

Rajendra K Goyal (Expert) 18 February 2015
Can file for annulment of the marriage.

Devajyoti Barman (Expert) 18 February 2015
Why are you so repetitive when your query is specifically replied ???

Devajyoti Barman (Expert) 18 February 2015
we are here to reply queries, not to convince the querists.

DEFENSE ADVOCATE.-firmaction@g (Expert) 18 February 2015
You should contact a local advocate just reading law books will not help.

Divorce petition u/s 12 is clearly non maintainable .

Yours is a void marriage and you can always apply for annulment u/s 11 but you should have clear evidence of pregnancy .

malipeddi jaggarao (Expert) 18 February 2015
Your query is properly replied.

T. Kalaiselvan, Advocate (Expert) 19 February 2015
You can proceed with annulment of your marriage despite the fact that your earlier application u/s 14 was dismissed by court. Please remember that the court will go by law and not your logic.

Biswanath Roy (Expert) 21 February 2015
If cause of action and prayer for relief is different, question of Res-judicata does not arise.

K.K.Ganguly (Expert) 23 February 2015
He can file an annulment case which will not attract the principle of Res-judicata since it has been filed on different ground,

Dr J C Vashista (Expert) 24 February 2015
You have adequately been advised by experts, no room left.

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