Divorce petition
vijay sharma
(Querist) 12 December 2012
This query is : Resolved
there is a matter of love marriage and girl family mamber took her focefuly and now filed divrce petition and marriage not complete 1 year now petition filed by the girl due to the force u/s12hma on saying that boy gave her wrong imformation about his study etc and also filed application u/s14 hma ... this petition is maitainable or not???
and honable judge want reply on application u/s 14 i will give it aur argue for rejection the petition??/
Raj Kumar Makkad
(Expert) 12 December 2012
Petition under section 12 (1) of HMA is maintainable even if the same is filed on the very second day of marriage. You shall have to file reply and the fate of the petition depends upon the merits and it cannot be rejected at this stage.
Nadeem Qureshi
(Expert) 12 December 2012
Dear Querist
there is no time limit to file a suit for declaration u/s 12 of the Hindu Marriage Act
12. Voidable marriages.-
(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 respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
Feel Free to Call
ajay sethi
(Expert) 12 December 2012
the case falls within ambit of section 12 (1)( c). you have to fight case on merits
Raj Kumar Makkad
(Expert) 12 December 2012
After having the rule position, you might have come to know that the petition filed by your wife is to be contested on merits.
vijay sharma
(Querist) 13 December 2012
i just want to know petition u/s12 of HMA filed with the application u/s 14 of HMA..
because sec 14 impose the restriction before the complition of 1 year
and in my case juds 4 month after filed ...
Raj Kumar Makkad
(Expert) 13 December 2012
Section 14 is not meant for section 12 (1) of HMA.
prabhakar singh
(Expert) 13 December 2012
The two sections are all together different.
A petition under section 12 is not treated as a petition for divorce.
Section 14 applies as bar only when divorce decree is sought.
Under section 12 a petition seeks a decree to declare the marriage void at the instance of the petitioner.
Raj Kumar Makkad
(Expert) 13 December 2012
I do agree with the opinion of Ld. Prabhakar Sir.
V R SHROFF
(Expert) 19 December 2012
U HV TO FILE UR REPLY.
tHE pETITION IS WELL WITHIN IT'S MTN/
