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Dsingh (Tech Sr)     30 October 2009

Nullify marriage

Can a boy file a case to nullify marriage against a girl on the grounds that she was concealing facts and was telling lies. Also, what does it takes to nullify a marriage. I mean if someone can prove that girl married a boy for immigration and money, can a judge nullify the marriage. Also, if the marrige is nullified then do you have to write in govt. documents that you are divorced or you can say unmarried.

Thanks



Learning

 1 Replies

Suchitra. S (Advocate)     30 October 2009

 Sir,

Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, 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), Section 5.

Conditions are : 1. If any party to the marriage has a spouse living at the time of marriage.2. If the parties are within the prohibited degree of relationship unless custom allows it. 3. If parties are 'sapindas' of each other, unless custome allows it.

For no other reasons a marriage can be nullified.


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