Null and void marriage

If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.Send a legal notice through a lawyer first.

Actually we  did not send any notice,  we went to their home in person but they denied to send her daughter to my home.

After hours of dicussion , we came to a conclusion that this marriage should ed here and none of the families want this relation to move furthter anymore.

We both agreed to get separated with mutual agreement.

So my question is, can this marriage be turned null and void ?

Appreciate your valuable guidance.

Also we have done the counselling with a well kown counsellor in Pune.. and he is ready to provide the certificate for the same which he is saying us to attach in divorce / null ad Void petition ...

Our marriage is not registered in any govt authorities.. but I can get the certificatesif needed

1]  We both agreed to get separated with mutual agreement.So my question is, can this marriage be turned null and void ?

mutual agreement i think stand fr MCD and null and voide is a petition.

2 ]  well kown counsellor in Pune.. and he is ready to provide the certificate for the same
   feel it is better if u share some of the verdict with seniors of this platform for their second opinion.

3] Our marriage is not registered in any govt authorities.. but I can get the certificates if needed.
    do not hv faith on the one who advise u to get it ready.

We are seeing that some of the young guys specially from high flying careers like software try to act too much modern which may be perhaps due to stress, too much salaries and glamour perception.

I would like to say to you only one thing:

If you really love her, set her free, if she is your she will come back, if not ,she never was yours!

Marriage cant run on force. Neither it is possible to use in modern time with equally educated and financially independent lady

Hence best is file a mutual divorce petition on ground of lack of compatibility u/s 13(b)

But wait, court is not going to oblige. You have to wait for atleast 6 months before judge will care about your petition. You will also have to undergo a formality of mandatory reconcilliation by court.

It is meaningless to research and try to find faults with each other. Just ask her what she found wrong in you? If possible, corect yourself. I dont think outside interference is going to help much. WE hope in next 1-2 years she may realsie and come back. Meanwhile let case rest in court.

And also you can use typical femal curosity and jeleousy by dropping hints on her about yous eeing some other girl freind. Chuckle Chuckle. But it may misfire too.

All the best

Dr R K Gupta

As per the discussion we had with the counsellor and Legal Advisor there, they are saying, as its not a year completed for your marriage; we can not go for divorce... we have to go for null and void.. as we have already completed the six months counselling , probably court may or may not advise to go for counselling again..Necessary reports will be provided by the counsellor along with the petition...

So wanted to know whether its possible ?

Hi Punit, Feeling sorry for you buddy!

MCD is the only "NON-DIRTY" option left for you. but a year's wait is must. Instead of asking this to the counsellor, talk to a competent family lawyer. He/She might help out to fasten the process.

Basis Of An Annulment
In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act. 
Section 5 Condition for a Hindu Marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) Neither party has a spouse living at the time of the marriage;
(ii) At the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;
(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two:
An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage