Null and void
Ramakrishna
(Querist) 30 November 2017
This query is : Resolved
A women married a man unwillingly by force of her parents. After two days of her marriage she disclosed to her husband and they separated. Marriage was not consummated. Only 6 months were completed of marriage till today.
Now she want to file Divorce petition under null and void though non completion of 1 year of marriage. Can she file Divorce petition by showing her parents under respondents along with her husband?
kavksatyanarayana
(Expert) 30 November 2017
as per section 13 B of Hindu Marriage Act one year period of sepration from the date of marriage is required for the divorce by mutual consent. not one year from the date of marriage. however as per section 14(1) of the Hindu Marriage Act, the one year period of sepration can be waived in hard and exceptional circumctanses
Kumar Doab
(Expert) 30 November 2017
Which personal law applies in the case?
P. Venu
(Expert) 01 December 2017
Yes, divorce by mutual consent appears to be the best option.
