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Author Topic: Null and void of marriage and further legal procedures  (Read 792 times)

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Offline raghuraman

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Null and void of marriage and further legal procedures
« on: June 12, 2016, 10:47:07 AM »
After getting an order of Null and Void of the marriage on a divorce petition filed either wife or husband by a sub-court,
1) What are the legal procedures that one should do?
2) Should the office in which the marriage is registered be informed on the court order of the Null and Void?
3) Is there any prescribed format and procedures for this
4) Is there any kind of NOC to be taken by the either parties

Offline Advocate-ashoksen

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Re: Null and void of marriage and further legal procedures
« Reply #1 on: June 13, 2016, 03:27:40 AM »
get the order and keep it with you nothing more to do.
Advocate Ashok Sen Calcutta High Court

Offline advjaibansal

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Re: Null and void of marriage and further legal procedures
« Reply #2 on: June 14, 2016, 04:30:00 AM »
Dear Sir,

It must be a petition for nullity or annulment and not divorce. You don't have to do anything. Please take out the certified copies of the divorce or annulment or nullity judgment and decree and keep it with you. Before getting married, you have to wait for 90 days that is appeal period from the date of judgment.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raghuraman

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Re: Null and void of marriage and further legal procedures
« Reply #3 on: June 21, 2016, 05:10:46 AM »
Many thanks for your guidelines, recently could able to understand that the Ex-In Laws have moved a petition in the HC against the Inspector of police to register the complaint based on the application served by them on 19.08.15, "for the offence dowry harassment, refusing to return dowry, domestic violence, criminal breach of trust, cheating, etc., and to investigation in a proper and through manner and take and final report within the time stipulated by this High Court to punish them in accordance with law" based on this complaint copy served by them at local police station, I have reported to the police station and simultaneously applied for an Anticipatory Bail, during which the In-laws Intervened and the case was set for Mediation(lokadalat) where in the certificates, belongings, and Gold Jewelries where returned and acknowledged by both parties but pending with a cash return, the mediation was failed as the Ex-In laws forced me for a MCD which was not acceptable for me and lead to the holding of the cash. and the AB filed by me was disposed as my counsel failed to appear for 3 consecutive times. The holding of cash is admitted by my self with my statements at police station, mediation counseling and even at the Case petition filed at Sub-court for Divorce on the physical and mental harassment by my ex-wife (which was disposed with declaration of Nullity of the marriage). Later that even they had sent me a legal notice to return back the cash holding, for which the reply was also served (stating under the circumstances claiming the cash as part of dowry is unacceptable and claim it legally, even then it will not be possible for me return immediately as due to the complications created I have been forced to absorb huge financial debts at this moment, and with a mutual consent on stipulated time the cash can be returned in parts, whereas at the same time I have legal rights to claim compensations that as occurred with marriage ceremony which was an act of cheating a breach of trust, on top of that has to undergo mental harassment in dealing the legal obligations aroused with criminal intentions of the Ex-In laws, which will be claimed legally)

On this circumstances in case if the High Court directs the Inspector of police to register the complaint
1) what precaution should I take?
2) Will it be possible for me to file a petition with Supreme Court to quash this Complaint and request legal protection

Please kindly advice
« Last Edit: June 21, 2016, 05:14:53 AM by raghuraman »

Offline raghuraman

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Re: Null and void of marriage and further legal procedures
« Reply #4 on: June 21, 2016, 05:19:01 AM »
Also, Need your guidelines for me to apply the details of the current petition filed by my Ex-In laws at the HC, what are the procedures that I need to follow, to apply and get the case details, the affidavits filed by them etc., and on the possibilities of that, the main problem that I face, twice my counsels where influenced by the Ex-In laws and was misguided by them, that was the reason for the Divorce petition filed by them at sub court I appeared in Person and requested the Court to grant me contest the petition myself in person. 

Offline raghuraman

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Re: Null and void of marriage and further legal procedures
« Reply #5 on: June 21, 2016, 05:29:49 AM »
Dear adv Jai bansal,

Thanks for the Inputs, the Judgement was dated 24th Feb'16, the calculation of 90 days should be analysed based only working days or will it be on general, please advice, also on the instance of them not filing a direct appeal, on the judgement passed by the sub-court, now that they have filed a petition on the HC to register the complaint that was served at the police station before date of the judgement by sub court, should this have any impacts, Please advice

Offline advjaibansal

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Re: Null and void of marriage and further legal procedures
« Reply #6 on: June 21, 2016, 09:59:09 PM »
Dear Sir,

In your case the period for filing the appeal is already over. You may get married. Filing another petition for something else may not have any impact on the appeal period. Rather it goes against them that rather than filing an appeal they are filing other litigation.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline raghuraman

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Re: Null and void of marriage and further legal procedures
« Reply #7 on: June 22, 2016, 03:52:32 AM »
Dear Adv. Jai Bhansal,

Many thanks for the inputs...

Have a great day,

Anand RAGHAVAN

 

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