Void marriage u/s.11 of hma 1955
Arun Laxman
(Querist) 24 July 2013
This query is : Resolved
In 2000, X, a hindu women, marries Y and without going to court they executed a registered deed of divorce on 2002 n got separated.
In 2005, X marries Z by intimating tat her 1st marriage was dissolved legally. In the same year, due to some family rift, X went to her parent house n never came back to matrimonial home despite many request for cohabitation made by Z.
In Feb 2013, Z came to know about the execution of deed of divorce between X and Y and they have not dissolved their marriage legally thro court of law.
Now Z wants to file a petition U/S.11 of Hindu Marriage Act in family court to declare the marriage between him n X as null n void.
(All the parties are hindu and there is no customary practice of dissolving marriage by parties themselves but it is a valid registered deed of divorce.)
1.Whether is there any limitation for filing such petition?
2.Whether such petition u/s.11 is maintainable if filed by Z or whether he has to file a suit for declaration to declare his marriage as null n void?
Cite recent case laws too.
ajay sethi
(Expert) 24 July 2013
for case laws visit indian kanoon website . if Z has come to know about the fact that marriage between X and Y was still subsisting he can move court for dissolution of marriage after he has come to know of said fact .
prabhakar singh
(Expert) 24 July 2013
The petition lies u/s 11 HMA on ground of s.5(i)with in limitation of 03 years from the date of knowledge under part III Article 58 of the Indian Limitation Act.
Rajendra K Goyal
(Expert) 24 July 2013
Agree with the experts, nothing more to add.
