Annulment/nullity of marriage
Mannat
(Querist) 11 November 2016
This query is : Resolved
Hi,
My second marriage took place before the receiving of decree of first divorce. 1. Is this marriage void? 2. I have separated from my second husband on this issue since last 7 years, do i have to file annulment to declare this marriage void ab initio?
adv.bharat @ PUNE
(Expert) 11 November 2016
1)It is void ab in-ition.
2) Separation with out any cause amount to nullity of marriage. U can proceed accordingly.
Rajendra K Goyal
(Expert) 11 November 2016
You have married without divorce in first marriage.
It was an illegal step.
Kumar Doab
(Expert) 11 November 2016
It vis believed that you are Hindu.
It was not proper and legal on your part.
Now as per your post:'I have separated from my second husband on this issue since last 7 years'
This marriage is not valid/legal.
Kuummaar AS
(Expert) 11 November 2016
Mannat,
WHAT IS YOUR RELIGION?
Kumar Doab
(Expert) 11 November 2016
Pls revert to the query from expert.
Devajyoti Barman
(Expert) 11 November 2016
If you are Hindu then this marriage is very much void and hence you should file suit for nullity of marriage to get such declaration from court of law.
Guest
(Expert) 11 November 2016
Your question is purely of academic nature.
A pertinent question arises, why did you marry with the 2nd husband, if you want to get the marriage annulled now.
P. Venu
(Expert) 12 November 2016
What do you mean by "before the receiving of decree of first divorce."?
adv.bharat @ PUNE
(Expert) 12 November 2016
Author need to explain the query raised by expert.
Mannat
(Querist) 12 November 2016
I was seeking an appropriate aid, few remarks on my question seemed to make me feel guilty for having married twice. I would not prefer to answer sarcastic comments since that reflects the mindset of the so called professionals.
Appreciate Devyajyoti for subtle reply.I wud like to clear that I was expecting the decree from divorce however was unaware if cud marry again after that. The first separation took place with few days due to some grave reason apparently divorce was mutual. I have separated from second husband due to personal reasons after 2 years, when i filed for divorce, the lawyer said your marriage is already void. Hence thought to take second say on this forum.
THOSE WHO WANT TO PROVE WRONG OR ILLEGAL>>PLEASE DO NOT REPLY>SINCE I M AWARE NOW IT WAS AND EVEN MY SECOND HUSBAND DOESNT HAVE ANY ISSUE WITH THIS BEING ILLEGAL OR WHATEVER.
Mannat
(Querist) 12 November 2016
Can someone explain?
1. Where the petition for annulement of marriage is filed after 8 years of marriage, such a petition would be barred by time.
@Devyajyoti - Yes I m hindu.
"If you are Hindu then this marriage is very much void and hence you should file suit for nullity of marriage to get such declaration from court of law."
Thanks!
Rajendra K Goyal
(Expert) 12 November 2016
Since the author has limited the scope of reply to the extent it suits him / as per his thinking / views / wish, not aware of his actual views, advised to contact local lawyer.
Guest
(Expert) 12 November 2016
Ms. Mannat,
Your Your reply, "Yes I m hindu," seems to be wrong, as 'Mannat' is mostly a Muslim name.
Secondly, when guilty, can't be called non-guilty.
Thirdly, when you have come to this open forum, you can't restrain anyone from replying your query or to ask his questions, if your description is vague or not clear.
Fourthly, your supplementary query, in itself, denotes that your query was of academic nature. Otherwise, you could have asked from your own lawyer, when you have already hired a lawyer and you have admitted that, "when i filed for divorce, the lawyer said your marriage is already void".
Fifthly, you have got your answer to your original query upon which you had doubt in the statement of your lawyer, and you have also confirmed about your satisfaction on the reply of Shri Devajyoti Barman. So, there was no logic is asking your present query without consulting your own lawyer, who advised you about your 2nd marriage. If consulted, you were required to make mention what doubt you have in his reply in the present context.
That makes quite clear that the present supplementary query is just to get answer to solve your academic query through this forum?
Better rely on your own lawyer. If you can't trust your own lawyer, MUST change him.
Lastly, if you want to learn something, don't try to be over-clever before the community members from whom you expect to get knowledge.
Guest
(Expert) 12 November 2016
Mannat is also A Hindu Name.For Ex "Mannat Choudary"" Mannat Goswami" Etc.It is also a Sikh name as well as Punjabi Kannda and telugu Name.Mannat means A vow to deity.
Guest
(Expert) 12 November 2016
Anyway, I stand by my opinion, as I am of the firm opinion that the problem presented by the author is merely an academic query.
Guest
(Expert) 12 November 2016
It would be Preferred if Some One Could Guide with Details of Academic Query and Basics of Genuine Query.
Guest
(Expert) 12 November 2016
Dear NJS Rajkumar,
Nobody can restrain you from providing solution to the latest query of the author. You can feel free to do that.
For your information, the question was not on the name of Mannat, the question of the author was, "Where the petition for annulement of marriage is filed after 8 years of marriage, such a petition would be barred by time", as if her lawyer don't know the court procedure, limitations or the jurisdiction of the courts.
As per the information available in her clarification, she has already hired a lawyer, but has not stated, why she wanted to ask such a question from the members of this forum, or whether he refused to guide on her question.
So, be free to take the lead. Probably, she has the desire to teach or direct her lawyer about the procedure and laws to be observed in the courts of law.
Mannat
(Querist) 15 November 2016
Thank you sir N.J.S.Rajkumar for touching upon practicality of situation, sounds truly professional :) Sir my lawyer is confused and giving me several option to go for? That's why I opted this forum for clarification. Me and my lawyer are researching for the best of the option.
Sir, we read in a case below statement and couldn't understand the core of it,
" Where the petition for annulement of marriage is filed after 8 years of marriage, such a petition would be barred by time."
Will be grateful to you if you explain this!
Mr P. S. DHINGRA: How does it matter to a professional for replying to a query, be it for academic purpose or personal. Knowing law and rights is what expected from a citizen of India. And I m quite amused at your NAME BASE JOKE :) Mannat. Should I walk in to municipal office for a name change?
Kumar Doab
(Expert) 15 November 2016
Author@ Mannat:
You are not alone.
This intolerable person does not spare anyone be it author/querist of a fellow expert.
GO thru all threads e.g;
Any querits/author has the risk of being called an 'Idiot' and Nasty............
http://www.lawyersclubindia.com/experts/Problem-with-real-estate-builder-622761.asp
http://www.lawyersclubindia.com/experts/Deffamation-suit--622931.asp
Guest
(Expert) 15 November 2016
Ms. Mannat,
Thanks for your query.
But, I do not prefer to reply to the academic queries, as are posted mostly by law students, who do not like to concentrate on their course material and find ready made answers to their law school exercises. Not only that the authors of such academic queries normally make fake profiles to hid their real identity, evidently to hoodwink the experts. So, I am of the view that he/she must devote on his studies first, apply his/her mind and only then ask what doubt actually he/she has by applying relative sections of law. Once replied there is no end to supplementary queries from the author to find the actual solution to their exercise.
Anyway, I like to provide solutions to only the real problems of the needy persons.
Even in your case, you have no real problem, as your or your lawyer has not tried to file the case yet and rejected due to limitation. So, where is the question of having a problem having arisen.
Please don't mind, I find myself unable to agree to your statement, "my lawyer is confused and giving me several option to go for." If the lawyer was actually hired and he was having some confusion, he could well have consulted his colleagues in the court of his own city. So, the given logic does not stand in my views.
Kumar Doab
(Expert) 15 November 2016
Ms. Mannat,
The admin and promoters of LCI have not framed any policy for Mr. Intolerable and Abuser at LCI to term your query or any query as anything.......................including but not limited to 'Academic'.
This Mr. Intolerable and Abuser at LCI: can refrain from posting reply.............
Guest
(Expert) 15 November 2016
Whether your Second Marriage Was Registered Before the Court Orders Were Passed for Divorce in First Marriage.If So it is Void and to be Nullified in Court .Consult a Local Good Senior advocate and Proceed.If it is Not Registered No Problem No Need to go to Court and there are No Issues.Pleasantly Lead Your Life.
Guest
(Expert) 15 November 2016
Ms. Mannat is free to accept advice of a language editor, Mr. Doab, if annulment of her marriage happens with his advice.
Kumar Doab
(Expert) 15 November 2016
Any author/querist is at liberty to post his/her query.
Every querist/author may share that this Mr. Intolerable and Abuser at LCI: @ P.S.Dhingra may declare the author and querist as 'Nasty', 'Idiot'..........
That is where he is spending his leftover focus and energy.............
This Mr. Intolerable and Abuser at LCI: @ P.S.Dhingra has been asked to stop his rowdiness, and abuses..................IT seems he is unwilling.
So he should leave and remain out of any forum and consign himself to his private and personal fiefdom:::: be it his house or anything else..................
Guest
(Expert) 15 November 2016
Very strange, earlier you had been appreciating my so called abusive language on other threads, which I reproduce here for yours as well as other readers' information about your duplicity, as follows:
1) You said, "Fully agreed with wise advise of Shri P.S.Dhingra" in the following query link:
http://www.lawyersclubindia.com/experts/Overcharged-bill-for-the-contract-without-previous-intimation-559916.asp
2) You appreciated my so called bad/ abusive language by saying, "Dear Shri P.S. Dhingra,
Sir,
I fully concur with you.
You have pointed out hard realities in such simple manner."
The web-link is as follows:
http://www.lawyersclubindia.com/experts/succession-legal-heirship-certificate--499151.asp
3) You appreciated my much more so called bad language by saying --
"I am admirer of wisdom of Learned Senior Expert Shri P.S.Dhingra.
I have posted as per limited understanding from matter in query and subject.
I intend to gain from enriching discussion in this thread.
The author may post in reference to the points raised in this thread.
Shri P.S.Dhingra, has already pointed out that the author is a learned man and expert in his field. The author can post insights in the matter for an enriching discussion and response by Shri P.S.Dhingra.
If possible for me I shall post my views."
The Web-link is as follows:
http://www.lawyersclubindia.com/experts/Transmission-of-shares-based-on-a--608246.asp
4) You said, "You need a counsel with expertise, experience and ability.
You can benefit from the counsel of Expert Shri P.S.Dhingra," in the following web-link:
http://www.lawyersclubindia.com/experts/Penalty-569591.asp#.VkIVbV7xpkE
You may better read very carefully to understand what type of duplicity you prefer to use to mislead the authors of the queries as well as the experts also.
NOW IT IS INCUMBENT UPON YOU TO JUSTIFY YOURSELF BEFORE THE READERS, HOW & WHY YOU APPRECIATED PIECES OF MY ADVICE, WHEN YOU CONSIDERED MY LANGUAGE AS BAD, ABUSIVE AND INTOLERABLE.
IN FACT, IT IS INTOLERABLE ONLY TO YOU, AS YOU MISERABLY FAILED TO GIVE APPROPRIATE ADVICE TO THE QUERISTS, AS COMPARED TO ME.
Mannat
(Querist) 16 November 2016
Sir N.J.S.Rajkumar, your reply is the most apt one to hear for a great relief in satisfying a query. You are straight, simple and convincing and undoubtedly a great lawyer too. Thank you in profusion for your guidance.
Sir Author, thanks for your kind consideration. This is indeed a great forum to be with :) with a concrete satisfaction I would like to sign off now, forever. May you rise and flourish. God Bless!
Sir Dhingra, nothing personal,just the best remedy to sort for. Thanks for your replies too.
Guest
(Expert) 16 November 2016
Take Care and All The Best.
Guest
(Expert) 16 November 2016
Ms Mannat,
Thanks for your instructions.
