Rcr and nullity of marriage
Manish Patel
(Querist) 11 March 2013
This query is : Resolved
Hi, We have done our Marriage Registration on 16th FEB 2010, it is arange marriage . however Girl Family rquested that we will have Marriage done in Month of MAy in front of Soceity. So as an open minded person i accepted the request. our marriage was due for 28th May for Soceity. However on 15th May i fall seek. i requester my wife consult doctors for me. she was saying all is fine for 5 days suddenly they come to my home on 21st may andaskig us that marriage will not happen on 28th May 2010 as you have sickel cell. i have this blood issue was upadted to her on before maraiage only. we tried calling them for 1 year and there was no answer from them , i filed RCR pettion on 16th Feb 2011. we dint got them in our case , she filed nullity of marriage on 31st auust 2011. we cross tage the Nullity case with RCR and get both the Case to Court Room. We are trying to settle our issue and want todo MCD. however she needs the nullity , i cant give her the nullity due to society issue and i have to do my remarriage also .
Please help me on this solution - my case is pending since 2011 , (A-485 RCR & A-10118 ) inBandra Court, mumbai.
Advocate M.Bhadra
(Expert) 11 March 2013
Section 25 in The Special Marriage Act, 1954 :------- Voidable marriages. Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if- (i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or (ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or (iii) 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 that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
1. Subs. by Act 68 of 1976, s. 25, for certain words.
(b) that proceedings were instituted within a year from the date of the marriage; and (c) 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: Provided further that in the case specified in clause.---------------
However,if you want to early disposal of the suit then you may default in the suit which is filed by your wife and she may get ex-parte decree and then you get certified copy of it.
K.K.Ganguly
(Expert) 12 March 2013
1. What is the problem for accepting the marriage as Null & void?
2. In this case your marriage is declared Null & Void rather than getting MCD wherein it is accepted that marriage did talo=ke place,
3. If the marriage does not suit you both, then get out of it fast either by MCD or by declaring it Null & Void.
Raj Kumar Makkad
(Expert) 12 March 2013
I do endorse the views of the experts on the subject.
