For null and void case what is the meaning of section 14. Is it required to file under section 14.
Akash (Service) 01 February 2012
For null and void case what is the meaning of section 14. Is it required to file under section 14.
Akash (Service) 01 February 2012
Both boy and girl is going to file for null and void. They hired a local advocate. Initial discussion was with the girl and the advocate informed the boy to file under sec 14. Is the advocate is going to file to close the issue of marriage. Now I am affraid of , is the advocate is trapping the boy or what ?
Chaitanya_Lawyer_Mumbai (Lawyer) 01 February 2012
section 14 means no petition for divorce can be presented within 1 year of marriage.
if you wants to declare your marriage as void, it will not apply to you.
you have to present petiition u/s 11(void) or 12(voidable) to declare your marriage as void.
Akash (Service) 01 February 2012
Thank you very much for replying. So should I ask my lawer not to file u/s 14. Earlier in discussion we have hired the lawyer for Null and Void only. But from this forum I came to know about section 14. As my friend is in different city and if she filed u/s 14. That means what will happen to this case and how he will suffer. Kindly reply.
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 February 2012
Sec 14 means that only with the permission of court a petition can be presented in one year.,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dr J C Vashista (Advocate) 02 February 2012
I agree with Mr Kapoor as the petition is to be presented within one year of separation only then it is required to be accompanied with an application u/s 14 HMA,1955
Chaitanya_Lawyer_Mumbai (Lawyer) 02 February 2012
First decide if you wish to declare your marriage as void or get divorce.
if you wants it to be void,file us/11 or u/s 12.
if you wish divorce & not completed 1 year of marriage,apply to court u/s 14.
if you have completed 1 year of marriage,you can file Mutual consent divorce u/s 13b.