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Shuaieb Anwar Khan (Human Resource Professional)     13 March 2014

Decree of nullity

Could you let me know what is the procedure for filing the decree of nullity .. Also the process of decree of nullity, will it require the involvement of husband if the applicant is wife(as the husband has disappeared from past a year). As the wife cant file A MCD. and have two reason to nullify the marriage 

1) Husband underaged at the time of marriage
2) Wife christian and the marriage solomized as per hindu rituals.
 Any documents etc.. as i am unable to find the actual process involved in doing the same.


Learning

 5 Replies

Shantanu Wavhal (Worker)     13 March 2014

wife, being Christian, can NOT file petition under Hindu marriage act.

she has to resort to sec. 7-3 of family court act, to get a declaration of her marital status.

Kapil Gupta (Advocate)     14 March 2014

Dear client, the marriage can be declared void on the ground of the reasons mentioned by you. It 'll be under the Special Marriages Act. Both the spouses are of different religions. The adequate advice can be given only on the basis of the facts given by you. You can contact here for more help. KAPIL GUPTA ADVOCATE

Kapil Gupta (Advocate)     14 March 2014

Dear brother, don't worry. The court takes cognizance of such cases very vigilantly because during last some years, the cases against husbands are being filed falsely to get the alimony. Your case is going in the right direction. If they don't appear in the court, it'll help you to prove thag you are right and the divorce can be sanctioned ex-parte and you might not give even a penny to your wife as alimony. Keep your eyes on the case and follow the instructions of you legal advisor/Advocate. Thank you. Kapil Gupta Advocate.

Shuaieb Anwar Khan (Human Resource Professional)     14 March 2014

Hi kapil sir, actually the case is of my friend who's husband is missing . due to fraud cases and she wants to nullify the marriage as the MCD not possible if one. Party is missing

Shuaieb Anwar Khan (Human Resource Professional)     14 March 2014

Hi kapil sir, actually the case is of my friend who's husband is missing . due to fraud cases and she wants to nullify the marriage as the MCD not possible if one. Party is missing

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