Ashish Dwivedi 14 March 2019

Divorce case can filed with annualment

Can section 13(1) , clubbed with 12(1) while filing divorce case..

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9 Replies

Ashish Dwivedi 14 March 2019

ie annualment of marriage can filed together with Divorce case?

Adv. Deepak (Advocate) 14 March 2019

Under sec.12 there is a limitation period of one year from the knowledge of fraud or force or that the marriage is a nullity. There is no such limitation under section 13.

Vijay Raj Mahajan (Advocate) 15 March 2019

Yes the petition can be filled for annulment u/s 12(1) read with divorce u/s 13(1) HMA as alternate prayer by the petitioner.

sharad kakad 15 March 2019

no divorce proceedings can file before 1 year form date of marriage so both proceedings can't filled together

Ashish Dwivedi 15 March 2019

It is 8 years of marriage , no s*xual relation ever.

sharad kakad 15 March 2019

you can file divorce proceedings before competent court of jurisdiction

Ashish Dwivedi 15 March 2019

Divorce , i know , but my question is , can 12(1) , be clubbed , just because no relationship has been ever...

Vijay Raj Mahajan (Advocate) 15 March 2019

Annulment of marriage for non-consummation of marriage on the ground of impotancy of the respondent can be filled even after 8 years of marriage, no condition that it can only be done within 1 year of marriage, and this ground can be clubbed with divorce on the ground of creulty and desertion of 2 years or more.