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Author Topic: Property claim in Null and Void Case  (Read 1555 times)

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Offline Lawabiding

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Property claim in Null and Void Case
« on: April 06, 2014, 12:07:51 AM »
I am going to file a Null and Void petition against my special registry marriage held in 30th December, 2013.

1. If the girl (respondent) wants to contest it, will she be able claim any solid or liquid property from me?

2. Will my bank account be in trouble? Should I take preemptive step to transfer all my money to someone else's account right now? If I fix a lump-sum amount in a bank account for five years, can the girl create trouble there, too?

Offline advkkreddy

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Re: Property claim in Null and Void Case
« Reply #1 on: April 06, 2014, 12:46:57 AM »
on what basis are u going to file Null and void petition, and what garuntee is there it will be granted

she will contest it, and a legally wedded wife is entitled to maintenance, not share in property provided she is unemployed.

transferring your money property etc to someone else will be very dangerous for you, in the past some have done so, later on they had to file in court to get their money and property back, it is a foolish idea don't even think of it
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Offline Lawabiding

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Re: Property claim in Null and Void Case
« Reply #2 on: April 06, 2014, 07:01:56 AM »
Thanks for your reply. Since the registry marriage, the girl and I have lived separately at each other's residents everyday. I have never touched her for a single moment. Plus, my consent to the marriage was obtained through the false statement by the girl and her parents that she is a graduate. It was only after the marriage, I came to know that she is preparing for Higher Secondary through a distance course and she passed the Matriculation accordingly while I am doing PhD. This is the ground on which my lawyer is filing the petition of nullity.

If I can show that I am not employed (i.e., a service man), will the court still ask me to give her maintenance?

It is so sad that this kind of unfair business is going on in our republican system. First you get your daughter married to a guy and then make trouble and finally claim maintenance. Is this a banana republic?  :(

Offline advabdul

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Re: Property claim in Null and Void Case
« Reply #3 on: April 06, 2014, 07:15:05 AM »
Sorry hear about your condition. Maintanence is calculated based on income.... Also note this is a family law matter not criminal matter... So no one can force u
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Offline Advocate M.Bhadra

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Re: Property claim in Null and Void Case
« Reply #4 on: April 06, 2014, 07:18:57 AM »
If marriage is not admitted by you and a decree of nullity for annulment of marriage will pass by a court then your wife can not claim any alimony or maintenance.Alimony is  related to matter of  divorce where is marriage is admitted.She can not claim your movable property and immovable property,no law has been passed yet in Indian till date as wife has property right over the husband's property.----------------------M.Bhadra,advocate at Kolkata.ph;09836589246

 

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