Nulity of marriage uuder s. 25 of sma 1954
B Pradhan Singha
(Querist) 16 March 2013
This query is : Resolved
I have the following quarries, please reply:
1) Is it mandatory to file a separate case U/s-25(iii) of special marriage act to declared a marriage null and void by the aggrieved party or it may be declared null during prosecution of an another case?
2) before exceeding 1 year the trial of a case U/s 365,366 IPC against victim's relatives has been started. During this trial, if the victims became successful to proof that she was forced to sign in the marriage registration, then does it mean that the proceedings U/s 25 (iii)have been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered? And can the court dismiss the case U/s 366, 365 IPC on the ground that the marriage is null and void?
Actually the defense counsel is going to argued on that point and they are trying to their best to proof that the signature was earned by means of undue influence. Next date is after completion of 1 year from marriage, they still have not made any separate suit to void the marriage.
Is their any verdict of high court/SC which may effective to stop their argument for void marriage during trial of another case.
3) Also one thing, can they made any FIR against me for kidnapping their daughter for marriage U/s 366 IPC after delay of more than 1 year from the date of occurrence? (note: initially they had made a missing diary before 1 year and the diary was closed as recovered)
4)Can they made a FIR for kidnapping where there is already a missing diary, closed with recovery record?
Please reply,
I am confused...also in fear....
I want justice...but trial is going to established the lie and false fact.
5) May i ask for contacts of any competent advocate in this open forum?
ajay sethi
(Expert) 16 March 2013
you have not mentioned where you are located ? search in LCI data abse for lawyers in your city .
you will have to take separate proceedings to declare marriage null and void
ajay sethi
(Expert) 16 March 2013
diffcult to make out a case of kidnapping after one year . your wife had accompanied you of her own free will signed marriage registartion papers of her own accord . no case is made out . i presume she was major at that time
B Pradhan Singha
(Querist) 16 March 2013
I am from west Bengal...having jurisdiction under paschim midnapore district court.
Yes she is 29 years old, and i am also same.
1) How long she can file a case to null and void the marriage? Our marriage was consummated. SO is it permissible by law to declare a consummated marriage as null and void?
Actually she file no case at all and also not intended to give divorce also, but in the case of kidnapping, filed by me, her council deliberately trying to established that the sign in the registration was taken by inducing intoxication and thus the marriage is void and then no case of abduction against my in-laws should be entertained by court.
Their intention is only to hanging up the marriage and avoid the punishment of her parents any how.
Please give your valuable suggestion.
ajay sethi
(Expert) 16 March 2013
Section 25 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 (iii), the court shall not grant a decree if,-
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
ajay sethi
(Expert) 16 March 2013
she has to make application within one year of marriage . it would be her ground that her consent was obtained nby fraud or coercion . contact a local lawyer
prabhakar singh
(Expert) 16 March 2013
with Out PETITION NO SUCH DECLARATION IS POSSIBLE.
Raj Kumar Makkad
(Expert) 16 March 2013
Nothing to add after reading the detailed replies of the experts.
