NIRMALA DEVI.C (Advocate) 15 April 2019

Divorce matter

A divorce case under Sec.12(1)(c) for Nullity of marriage was dismissed in Civil court. Both the parties have come to an understanding and the boy wants to settle by paying permanet alimony to the girl. Can we file Mutual consent under Sec.13(b) in the same court? or will we ve to file an Appeal in High court against dismissed petition? or will we have to file setting aside the dismissed one and CMA for Mutual consent in High Court. Kindly guide me. Thank you. Nirmala

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Dr J C Vashista (Advocate) 16 April 2019

Annulment and divorce are two different connotations and provisions of law, you will agree.

Section 12(1)(c) HMA speaks about voidable marriage, inter alia, that, "...... consent of the petitioner, or where the consent of the guiardian in marriage of the petitioner ....was obtained by force..."

What are the facts of the case in hand, discuss with a local prudent lawyer for better appreciation of facts and guidance.

However, if you are located in Delhi/ NCR and feel so, may contact me (on appointment) at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi -110075 Cell # 9891152939