Ashish Kulkarni (ABC) 26 August 2016

Help on marriage nullity case

I have applied for a Marriage nullity case under HMA section 12.My wife is divorcee and has Son from her before marriage.She has provided false information about her Age,education,Job income etc. to me hence the case of nullity.I was not ready to take any responsibility of her Son (Providing him Financailly and provide shelter in my Home) from the begining and she was ready for the same but now she is pressing false allegations that I have commited for her Son's responsibility.

My query is As a step parent am I responsible to maintain her son in any way at my home and responsible financially for him ?

She is a working woman in IT and already received lump sum almony in her previous Divorce case. Is there any possibility that I had to provide maintainance to her.

Please guide.Thanks in Advance.

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8 Replies

saravanan s (legal advisor) 26 August 2016

as long as any of these things you mentioned (Age,education,Job income ) which had been declareled falsely to you at the time of marriage had made your life so miserable that it is not possible to live with your wife you cant claim nullity of marriage on the grounds of fraud being committed on you.

even though she had got lumpsum alimony from her previous marriage you are bound to provide her maintenance

Mukesh sharma (job ) 27 August 2016

Hi i agree with both of Ready and Sarvan sir you may follow them and got divorce

Pradeep Kumar (Lawyer) 27 August 2016

Dear Sir,

As a legally wedded husband you are entitled/obligated to maintain your wife. I have not seen your nullity application presented before the family Court , therefore I cannot comment on the ground whether the nullity application will be allowed or no?, based upon the fraud on the basis of suppression of the factors you have mentioned.Nullity of marriage comes under the purview of section 12 of Hindu marriage act and the specific provisions are mentioned for such nullity.However, you can contest the application for maintanence.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 27 August 2016

Your marriage is not voidable but VOID marriage and hence no liability to pay any maintenance.

Even for a valid second marriage unless you adopt the son of earlier marriage the same is not your responsibility.

So your case under HMA 12 is worng , it amounts to admission of marrage.On similar view if you apply for divorce than also you will be trapped.

Get an expert advocate who has dealt such matters to come out of this mess.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 27 August 2016

The grounds described by you seem be valid grounds to seek divorce and not nullity. Amend the petition asap.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Sudhir Kumar, Advocate (Advocate) 28 August 2016

If she is divorcee the nmarriage is valid and binding and there cannot be any nullity.

obligation to maintain child from earlier marraige is no ground for divorce.

Ashish Kulkarni (ABC) 29 August 2016

Respected Experts,

Thanks for your inputs.The case registered for nullity since the marriage took place in Jan'2016. (Yet to complete 1 Year).If possible Please share some judgements which suits my situation.