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desertedhusband (na)     14 November 2012

Can this marriage be nullified.

Can a marriage in above type of lineage be nullified or legally considered void in India? if yes, how easy or difficult process it is? Like divorce can nullifying of marriage be contested also?

Its a typical north indian punjabi hindu family. The married couple have a child.



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 8 Replies

desertedhusband (na)     14 November 2012

LCI experts ????

Ranee....... (NA)     14 November 2012

If they already have a child then what is the purpose of asking this que.?Nullifying the marriage by the Court will not nullify the existence of the child.

desertedhusband (na)     14 November 2012

@Ranee, do you think somebody will put such a question without any purpose? is this a tweeter or facebook that I will come here for fun sake/ I dont think anybody here on this site is putting queries without a reason. 

Do you think divorce will do any better to child than nullifying the marriage? Child will anyways see the parents getting apart. Whats the difference from child's point of view.

Do not couple divorce if they have children? When court grant divorces, existence of children still prevail. 

Chetan Joshi (Advisory/Advocacy)     15 November 2012

Ya this is a void marriage,,,,I am presuming that there is no prevailing custom allowing such marriage...

 

 

Either spouse can file a Petition obtaining nullity...A lawyer would help you doing that....

 

 

Regards

 

 

Chetan(dot)7679(at)gmail(dot)com

desertedhusband (na)     15 November 2012

To @Chetan, Thanks for your reply. 

Please put some more light. Can petition to obtain nulity be contested like in divorce case?

Regards

Chetan Joshi (Advisory/Advocacy)     15 November 2012

In your case the only contention can be for the existence of a prevailing custom which allows such marriage....Customs vary...I am not much aware about the Punjabi customary practices...

 

 

The custom should have prevailed for atleast more than 17 - 20 years...

 

 

Narrowing it down.....contesting will be difficult...

 

Regards

desertedhusband (na)     15 November 2012

What is the meaning of prevailing custom and how can that be determined or proved by contesting spouse?

Chetan Joshi (Advisory/Advocacy)     15 November 2012

 

Modified a bit

 

 

In your case the only contention can be for the existence of a prevailing custom which allows such marriage....Customs vary...I am not much aware about the Punjabi customary practices...

 

 

The custom should have prevailed for atleast more than 17 - 20 years...

 

 

 

cus·tom/ˈkəstəm/

 
Noun:
A traditional and widely accepted way of behaving or doing something that is specific to a particular society, place, or time.

 

A prevailing practice in a community like the gandarbh form of marriage in maharashtra...

or even places in south allow marriages like in the case cited by you  i.e in the same family...

 

 

Narrowing it down.....contesting will be difficult...

 

 

 

Regards


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