Null & void marriage
Guest
(Querist) 18 November 2011
This query is : Resolved
my husband has put Null and Boid of marriage. Grounds that he has used is - 1. we have forced him for marriage. 2. He is not interested in marrying me. 3. Before marriage i got notice from lawyer that he is not interested in marriage.
But he is a cheater. He loved me for 8 years and married me unprofessionaly and cheated. So i complained in police station for marriage. Marriage happened after that. In-laws made us to spend 25lak for marriage.
Now i have got the summon for Numm& Boid of marriage?And he deserted me. How to proceed for it?
Nadeem Qureshi
(Expert) 18 November 2011
24.Void marriages.—(1) Any marriage solemnized under this Act shall be null and void any may be so declared by a decree of nullity if—
(i) any of the conditions specified in clause (a), (b), (c), and (d) of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clause (a) to (e) of section 15.
Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.
hire an advocate and fight the case.feel free to call
Nadeem Qureshi
(Expert) 18 November 2011
According to Section 11 of the Hindu Marriage Act, 1955 any marriage solemnized after the commencement of the Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if :
1. either party has a spouse living at the time of the marriage
2. the parties are within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two
3. the parties are sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two
ajay sethi
(Expert) 18 November 2011
no grounds have been made out that marriage is null and void . you can contest the application .
if your husband has after marriage deserted you , you can make application for maintenance , right to stay in shared household etc
Guest
(Querist) 18 November 2011
Ajay - yes he deserted after filing the N&V in court. Now I am staying alone. Since its love marriage, even my parents are not supporting me. Right to stay in shard housel hold - I can do this through Dv act or through this counter for Null/Void itself? Moreover as I am working, whether maintancne can i claim?
Shonee Kapoor
(Expert) 18 November 2011
Yes, you can do it.
However, the marriage was forced as admitted by you after your complain in police station.
Sort this matter amicably, you both can not stay happily in this marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 18 November 2011
Do not worry, this not a ground for divorce and your husband is not going to get divorce on this ground.
So act accordingly.
mahendrakumar
(Expert) 19 November 2011
If you cannot reestablish the "love" in your marriage,any attempt to do so by legal means may not yield the desired result except probable financial gains.
marriages cannot be and should not be done under coersion .
Sailesh Kumar Shah
(Expert) 22 November 2011
Agree with common opinions. No need to add further.
