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Seeking Anullment of marriage
1 week ago
I already filed a suit for divorce grounds of section 13-harassment by wife. I would like to file another petition to nullify marriage since no "saptapadi" happened as per section 7 of Hindu marriage act.
Can I file that section 7 suit to nullify my marriage even though I have on going suit with section 13, if yes when to file, what else I can include?
A.Dear Client,
You can add the non-performance of saptapadi as an additional ground in the existing petition and seek to declare the marriage as null and void. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
You can add the non-performance of saptapadi as an additional ground in the existing petition and seek to declare the marriage as null and void. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
You can file an Interlocutory Application(IA) before the Court where your divorce petition under Section 13 is pending seeking annulment of marriage on the ground of non-compliance with the conditions prescribed under Sec.7 of the Hindu Marriage Act, 1955. However, in case the trial court disallows the said IA, then you have to file a joint petition signed by you and your wife before the High Court under Article 142 of the constitution attaching the marriage registration certificate seeking annulment of marriage. Recently Supreme Court held in a matrimonial suit that if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. A certificate of marriage is proof of the validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all. The Court noted that as per the parties, there was no “marriage” solemnized by them since no customs, rites and rituals were performed. The Court held that if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. Reach out to an Advocate for guidance and steps.
You can file an Interlocutory Application(IA) before the Court where your divorce petition under Section 13 is pending seeking annulment of marriage on the ground of non-compliance with the conditions prescribed under Sec.7 of the Hindu Marriage Act, 1955. However, in case the trial court disallows the said IA, then you have to file a joint petition signed by you and your wife before the High Court under Article 142 of the constitution attaching the marriage registration certificate seeking annulment of marriage. Recently Supreme Court held in a matrimonial suit that if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. A certificate of marriage is proof of the validity of Hindu marriage only when such a marriage has taken place and not in a case where there is no marriage ceremony performed at all. The Court noted that as per the parties, there was no “marriage” solemnized by them since no customs, rites and rituals were performed. The Court held that if a certificate is issued stating that the couple had undergone marriage and if the marriage ceremony had not been performed in accordance with Section 7 of the Act, then the registration of such marriage under Section 8 would not confer any legitimacy to such a marriage. Reach out to an Advocate for guidance and steps.
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A.Dear madam,
You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.
You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.
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