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harsha garg (teacher)     23 April 2014

Nullify marriage

I and my bf registered our marriage in 2007 and broke up within one month of our registered marriage..we did not get married traditionally nor do our families know about it ..but we haven't met since then..but now i want to get married but before my marriage i want to nullify this registered marriage .my  ex bf is already married  but i do not want to create any issues in his married life nor do we want to get divorced we want to nullify this marriage.we never stayed together during our relationship and not even after marriage. We registered our marriage in nagpur but due to some family reasons we cannot file it in nagpur court. Is there a option that we can file the case in some other city. how long will it take and is  it possible by   mutual consent or out of court settlement so that we dont have to  file the case in  family court.



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 14 Replies

harsha garg (teacher)     23 April 2014

is there a option that we keep the marriage as it is and create one legal document stating we wont interfere in each others lives and will that create a problem when we re-register our marriages in future with my spouse. And will these records by any means come to notice of my future spouse

mahavir singh (ADVOCACY)     23 April 2014

You have to take divorce by court. Otherwise yr second marriage will be illegal. For more call 09910657998 mahavir singh advocate.

mahavir singh (ADVOCACY)     23 April 2014

You can file divorce in Delhi.

mahavir singh (ADVOCACY)     23 April 2014

You can file divorce in Delhi.

Dr J C Vashista (Advocate)     23 April 2014

You have no legal alternative but to obtain a decree of divorce from the Court (even without knowledge/involvment of your parents, relatives or friends), otherwise, it would tentamount to Second marriage, which is illegal and shall attract punishment under the provisons of Section 494 IPC (Bigamy)

advocate Avdhesh chaudhary (advocate/ legal consultant)     23 April 2014

you have file &get divorce otherwise second marriage will illegal & you will be committing offence of bigamy. why you dont  go for divorce through mutual consent as it is very easy for brief you may call me at 09891507137. Adv. Avdhesh chaudhary

Shantanu Wavhal (Worker)     23 April 2014

dont hide all this from ur prospective husband.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     23 April 2014

But unless it is declared as nullity by any court it is legal marriage. The above citation has come after court battle  so it does not say that you do not have to apply for nullity.

harsha garg (teacher)     23 April 2014

 i have talked to my ex-bf ...he is ready  for mutual consent...but we dont want a divorce as this marriage never happened...why should i be tagged as a divorcee...and we both live in nagpur but as some of my relatives are in family court  we cant apply this in nagpur court...can we apply in bhandara  or wardha...and we apply in some other city ..will that documents come directly from registrar office or family court nagpur..our lawyer has said we will have to submit a notary and the case will be over within one month and all the data will be erased...is this true?

harsha garg (teacher)     23 April 2014

in 2007 when we registered the marriage i remember we took all the documents from the court including the original stamp papers that we submitted plus the affidavits and the certificate...should not that documents be with court and we should have received only  the certificate or the xerox copies of the documents we submitted..is this marriage legally registered ..was the entire process completed? and we didn't follow the 30 days notice period rule..lawyer said if we pay extra we will immediately get the certificate..we went to a  temple and signed on register but no rituals were performed...now we dont have the documents they were destroyed we only have the application number...can we apply for nullity using only application number?? please suggest

K.K.Ganguly (Advocate)     23 April 2014

1. There are grounds based on which you can apply for declaring your marriage as null & void,

 

2. You have no such ground for annuling the marriage,

 

3. Your marriage has taken place which has been registered legally,

 

4. If your BF has married, he has committed a crime. His this second marriage is illegal. He can be charged with the offence of bigamy punishable under law,

 

5. You do not make the mistake your BF has made,

 

6. First file a mutual consent divorce petition & get the decree of divorce within 6 months before you remarry,

 

7. You can file it at your choicest place but you shall have to state in your MCD petition that you are staying in that place now.

Biswanath Roy (Advocate)     23 April 2014

It is similar to dying declaration after death.

T. Kalaiselvan, Advocate (Advocate)     24 April 2014

Learned advocate Mr.Ganguly has rightly opined about your case.   Though nothing happened between you after your register marriage, it is still deemed to be a full fledged marriage in the eyes of law, so no escape from it.  There is no reason for filing annulment of marriage at this stage hence you cannot go for nullifying your marriage.  Since your husband has agreed for a mutual consent divorce, you can create a residence proof record of other intended city from where you have proposed to file the divorce case, and proceed accordingly.  In fact your husband can be booked for the offences of bigamy but better late than never, do it legally.  There is no short cut for MCD and if your lawyer or anyone says that they will get you divorce on MCD within three months from the date of application, it is nothing but cheating and fraud, do not go by their words, they will suck your money and will leave you in more trouble without solving your problems.   For MCD you have to produce the marriage certificate which is the only evidence, get a certified copy from the registrar office.

Dr J C Vashista (Advocate)     25 April 2014

I agree with Mr. K K Ganguli, you will have to seek divorce though the Court of law, no alternative/escape


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