divorce
Home Juris Profile Bare Acts Latest judgements Blogs Divorce FAQs Contact Us
 
  Help put your mind at ease... read this laws for your knowledge:    v k singh  
 
services
Divorce law in india
Grounds for divorce in india
Annulment of marriage
Right of property after divorce
Maintenance in divorce cases
Child Custody in divorce cases
Restitution of conjugal rights
Transfer of divorce petition
Mutual consent divorce
divorce decree & inforcement
Foreign divorce decree inforcement
Sitemap
 
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.

Right of property after divorce: Disposal of property.-In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the
wife.
 
ANNULMENT OF MARRIAGE
         
  Call Us at- 9811645002    
  copyright 2009, All right resereved.   Website designed by iVillage Infotech Solutions  
 
Home | Juris Profile | Bare Acts | Latest judgements | Blogs | Contact Us
Divorce law in india | Grounds for divorce in india | Annulment of marriage | Right of property after divorce | Maintenance in divorce cases
Child Custody in divorce cases | Restitution of conjugal rights | Transfer of divorce petition | Mutual consent divorce
divorce decree & inforcement | Foreign divorce decree inforcement