Null and void marrige rules

 In case of Null and Void marrige is there any rule for court that we have to apply petition with in 1 year of marriage.

no - u can file any time - there is no time bar.

Spouse was already married to someone else at the time of the marriage.

if so, ur marriage with that already married person is null & void u/s 11 r/w 5 (i) of HMA

in this petition u have to make the first spouse of ur husband a co-respondent - its a must as HC rules.

the marriage is void - ab - initio / void ipso jure - that is no marriage at all in the eyes of law, since from the very inception.

getting the decree in this case is NOT mandatory but its advised to get the decree to avoid complications in future, if any

for further doubts, u may call - 98 22 08 55 06

i successfully got void marriage declaration from court recently..

RULES OF VARIOUS HIGH COURTS UNDER HINDU MARRIAGE ACT, 1955 PART IV

4. BOMBAY HIGH COURT HINDU MARRIAGE AND DIVORCE RULES, 1955

5. Necessary parties.—(a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person¹, the petitioner may, however, apply to the Court by an application supported by an affidavit for leave to dispense with the joinder of such person as a co-respondent on any of the following grounds :

(i)  that the name of such person is unknown to the petitioner although he has made due efforts for discovery;

(ii)   that such person is dead;

(iii)   that the respondent being the wife is leading a life of a prostitute and that the petitioner knows of no person with whom adultery has been committed;

(iv)   for any other sufficient reason the Court may deem fit to consider.

(b) In every petition under Section 13 (2) (i) of the Act the petitioner shall make ‘the other wife’ mentioned in that Section a co-respondent.

(c) In every petition under Section 11 of the Act on the ground that the condition in Section 5(1) is contravened, the petitioner shall make thespouse alleged to be living at the time of the marriage a co-respondent.

5.         Conditions for a Hindu marriage

A marriage may be solemnized between any two Hindus, if the following condition are fulfilled,  namely:-

(i)        neither party has a spouse living at the time of the marriage

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.

@Amit....  You are really good at this. You ought to practice law. I bet your knowledge level in this area is among the top 5% of advocates who practice in Divorce/Matrimony and domestic matters. Perhaps you may be good in other areas of law too. Keep it up! Think of pursuing LLB part-time. You will be able to give a hard-time to opposing counsel. Even if you are well off, this can be good hobby for you... to actually practice in the Courts. Just a suggestion.

wavhalss@yahoo.com

13 1a, 13 1b

in ur case, petition u/s 13 is NOT maintainable.

withdraw the same & file new u/s 11.

Mr. Amit.... as suggested by Mr. Samir N.... come in law field..... you are required here....

i m humbled and honored.

i will try my best to help the Victims in all the possible ways.