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Null and void case

Page no : 3

Samir N (General Queries) (Business)     10 September 2013

You need to go through conselling... but of a different type. You must seek counselling in the following areas:

  • Why not to destroy other people's lives. Why not to have affairs with one person and marry another person and then desert him just after marriage.
  • Why not to spoil your parents' reputation.
  • Why not to put blame on your parents' pressure when it was you who was #@#*ing around before your marriage.
  • Why not to give a bad-rep to the image of an Indian woman as we tend understand it.
  • Why not to marry a loser who did not have the guts to do anything to stop your marriage when he claims to love you.

Also, in your case, a two months jail sentence for fraud and related crimes will be good "counselling" especially if it is in the same cell with Asaram Bapu. The two of you have a lot in common. You may even enjoy his company!

gd dy (gd dy)     10 September 2013

@ author :

fail to understand ur HESITANT.
it may help other if u can tell, of course if u wish so.

gd dy (gd dy)     14 September 2013

After marriage I told the truth to my Husband about my relationship with other boy and requested him to let me go with that boy.

My husband, as he is nice boy, he is agreed to let me go with that boy, but now he register the Null and Void case in Family court.

 

agreed. bt fail to understand  thn instead of opting for MCD, why he all of sudden file 'NULL and VOID' case keeping you in dark ?


(Guest)

@gd dy

what are you saying? when the marriage was not consummated, why the hell her husband would go for MCD? falthu why should he become a divorcee by freeing his wife?

Adv. subhash (Lawyer)     14 September 2013

Hello Sir/Madam,

My client is wife of petitioner, who filed the Matrimonial case against her on the grounds of cruelty and desertion. The grounds made out by him are imaginary and false. Now I want to get transfer that petition from one court to another court  within same state where the wife resides. Can you help me with suitable citations for the same.

 

Regards,

Subhash

gd dy (gd dy)     14 September 2013

subhashji,
r u talking abt the author of this posting ?

ur information abt the details of  location of court  in which
                                                           1] case has been filed and
                                                           2] case to be transfered.  might be helpful to one want to give correct guidance.
so if u don't mind

Shalini (Designer)     03 March 2014

Hi,

As i mentioned in the above discussions i have done something wrong so that , i have admitted all claims written in the petition against me and submitted written statement in court , Matter is now in Decree state but now judge is saying "Its looks like collusion between the parties" (coz admitting all the claims) so decree is not possible in case of collusion under Null and Void ground.

Judge is asking for Reference cases(Citations) from the High court or Supreme Court in which Decree has been done.. Similar to my matter (i.e admitted all the claims)

Requesting all of you ,please send the Case No. that you know regarding Nulll and void case which i put the reference in front of court .

 

Plz Plz heps me.

jayesh   05 March 2015

my friend is jain girl

her first divorce don at may 2010,

but she second  marriage in nov 2009 in aarya samaj as a unmarried but second marriage is not successes.

she will try to second husband but he is not agree in court.

 now she wanna 3rd marriage , now she wanna her second marriage is null or void.

 so how can do that and how much approx time to get that,

 so now she can marriage with any one plz halp 

Anjuru Chandra Sekhar (Advocate )     05 March 2015

The relevant section for you is S.12(1)(c) of the Hindu Marriage Act.

 

12. Voidable Marriages.-

 

(1) Any marriage solemnized,whether before or after the

commencement of this Act, shall be voidable and may be

annulled by a decree of nullity on any of the following grounds,

namely:

 

(c) that the consent of the petitioner, or where the consent

of the guardian in marriage of the petitioner was required

under Section 5 as it stood immediately before the

commencement of the Child Marriage Restraint

(Amendment) Act, 1978, the consent of such guardian

was obtained by force or by fraud as to the nature of the

ceremony or as to any material fact or circumstance

concerning the respondent;

 

-------

 

Go through this section carefully and also the petition presented by

the petitioner (your husband).  You will tell the court that your parents

pressurized you to marry this man because they were under

pressure from relatives and friends to get me married. 

And that it (marriage) was against your will and you have not

consented for it.  Tell the court that it was not any fraud played

 by your parents, they were only intending to discharge their burden

imposed on them by society, they were not intending to harm the

boy. 

Anjuru Chandra Sekhar (Advocate )     05 March 2015

Written statement is not required.  The petitioner had already presented his case.  If you want to rebut his case you need to present a written statement.  As you don't have any intention to rebut his case, you will simply stand as a witness in court to confirm the allegations made by him and conveying to court that as conveyed in the petition you are in relationship with some other man, and your parents performed the marriage without your consent.  But ... as you are after all the daughter of your parents you should take care to not land them up in trouble by saying that they forced you to marry they intended to defraud this boy by concealing facts about your relationships and all.

 

You will only say that societal pressure was heavy on my parents to get me married and they did not know anything about by I loved and so they thought my life would be better if an arranged marriage is performed.  And they did not perform my marriage with an intention to defraud the boy.  You see....try to understand these distinctions:

 

1.  You are not the petitioner in this case.  And the only possibility is that the petitioner be defrauded by your parents.  There is no possibility that your parents forced him to marry you. 

 

2.  If you are the petitioner praying the court, then you would have pleaded that I am forced.  As you are not the petitioner there is no need for you to plead or convey the court that I was forced by my parents. 

 

Coming to the aspect of defrauding, to save your parents from criminal cases, admit the facts with little bit care by saying, "they were under pressure to discharge their burden and were facing pressure from society that is why they got me married to this man but they did not intend to cheat this man". And concealing a love affair is not at all a crime.  If you were married with your boyfriend then concealment of such fact is a crime.  If you are pregnant with him, then concealment of such fact is a crime.  Not conveying stories of love affairs is not a crime.

 

Love affairs do happen ever since one become adolescents.  Some are infatuations, some are passing affairs.  No one can argue in a court saying A woman had not conveyed about 10 or 15 men that she had fallen in love since she attained age of sixteen to legally marry a man.   


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