Void marriage Waiting period

get proofs of her new livin and discuss with her lawyer/family to go ex-parte

fraud by the Respondent spouse......................nondisclosure about past life before tieing the knot.................that she was multiple divorcee.................

Difficult to prove ...I am saying this honestly and without trying to discourage you...and I have sympathy towards you in this scenario................

But in te eyes of law...you need to prove these allegation which she can demolish it easily.......better go for mutual consent....

She can always say that before she confided all her past and you agreed it....Has she written you in emails/postal letters/video recorded conversation before mariage that she was 'unmarried / never married' ??? (then you have a little chance)

OR

Did she just say 'she was single?'  on record (then you have no chance)

'Single' and 'never married' suggest two differnt information

Dear Manjit & Jamai

Thanks for reply. New live-in and non-disclosure is not disputed out of court. SHE herself wants NULL & Void marriage, but for this she is not willing to accept that FACTS were hidden. (Its her ego now.) I have hand written proof wherein she mentioned consealment of fact.

My Question is 1) is there any other clause where NULLITY can be obtained. 2) Can you send some citation of SC/HC where waiting period is not necessary for nullity in section 12 after both party has sign & agreed for Null & void.

is she claims herself as maiden or marriage with you is her first marriage? if so the marriage voidable u/s 12 of hma.

but if she introduced herself as a divorcee she will escaped from 12.

1) your marriage voidable and not void. you have to declair the marriage viod by a competent court.

2) no provision of 6 months waiting period, u/s 12 of hma. show sec 12 hma to the judge,

a judge or an professional advocate should not confused on it.

There is no such thing of GIVING consent to call it NULL & VOID.

Giving consent means sec 13B only!!

If couple is fighting for many years and gives consent in compromise/lok adalat/ADR as er sec 89 .......etc...

Then court waives 6 months waiting period which is otherwise mandatory.

Your counsel hasn't got your wife's admission/compromise as 'admitted facts' and 'Parties not at issue' as per Order 15 of CPC.

She hasn't said she agreed/admitted to your allegations...she just would have said that........... she is also withdrawing allegations if you are withdrawing allegations and ready to compromise and settlement to break marriage amicably vide sec 13B.

But your spouse chose a decent route to withdraw allegations from both sides and compromise.

So wait  6 months (best choice. other choices are risky)

Hello everyone.

Can some send a few citation to waive the waiting period. Or can someone suggest any other alternate for NULL&VOID.

Please reply

IF SHE AGREES TO TAKE CHARGES ON HER , yes you can do it under section12 as null and void and get annulment.

arup sir very correct, collect proofs on these lines.

She has agreed to allow the application for Null & Void, however, Judge is asking us to wait for 6 months. Can some one please quote some citation so that waiting period is vaived. Please reply