Annulment of Marriage.

annulment of marriage

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. 12. Voidable.

 

Marriages.-(1) Any marriage solemnized, whether before or after the

commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

 

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

 

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

 

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

 

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

 

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

 

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or

 

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

 

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

 

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

 

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

 

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground

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Prachi Singh advocate

Prachi Singh advocate
Supreme Court of India

Prachi Singh advocate B.Com,LL.B,MBA and assisting in the  practice areas of Divorce

Law,Civil Law,criminal Law,property Law,International & Domestic Arbitration,Civil Debt Recovery cases,138,NI act cases,
Money suit under order XXXVII cpc,SLP in supreme Court,Criminal & Civil Appeal in Supreme Court,Transfer petition in Supreme Court,Criminal & Civil writ Petition in Supreme Court & High Court,Property Partition Suit,DRT cases,Comapny Law Board matters,Company formation,Dowry case,quashing petition,Criminal compalnts..etc.
she further assisting in trial & court proceedings at supreme court of India,Delhi High Court,Karkardooma Court,Tis Hazari court,Saket Court,New Delhi court,National commission,Consumer forum,Dawarka Court & Rohini courts in Delhi.
she further assisting in drafting of contracts,employee agreements,labor cases,and verious agreements.
Area of Legal assistance;
Divorce Law; annulment of Marriage,maintenance for spouse,mutual consent divorce,divorce on cruelty ground,
child custody,child support,divorce petiton,divorce decree enforcement,..etc..
criminal Law : Bail matters,anticipatory Bail,criminal revision petition,quashing petition of FIR,criminal compalints under
section 156(3)crpc,Criminal SLP..etc..
Civil Law: :suit for partition,property stay suit,injuction suit..will drafting,probate case,etc..
Property Law:

  1. LANDLORD AND TENANT LAW
  2. PROPERTY LAW
  3. STAY ON PROPERTY
  4. CO-SHARER
  5. JOINT PROPERTY
  6. LAND ACQUISITION
  7. BUILDER AGREEMENT DISPUTES
  8. POSSESSION AND DAMAGES
  9. DELIVERY OF FLATES
  10. PARTITION SUIT

Contact:

306,Laxman Place,19,veer swarkar Block,

Madhuban Road,Near Nirman vihar metro Station,

Shakarpur,Delhi-110092

Phone : +91-11-22022079

Mob. +91-9999318690

Email: attorney.prachi@yahoo.com