What are the grounds on which the annulment is being sought?
regards
In case of void marriage or annulment of marriage, can appellant ask for alimony?
No. She cannot ask for any alimony or maintenance amount in case of a annulment of marriage on grounds of marriage being a void marriage.
There is no dearth of precedents that a wife whose marriage is declared as null and void is entitled to maintenance .
The supreme court has made it clear that wife even from void marriage can ask for maintenance.
Yes she can file for application but same can contested on ground that she /he is not legally wedded and doesn't qualify for alimony .
she can seek permanent alimony and maintenance under section 25 of the Hindu Marriage Act.
Hello,
How long does it take for annulment proceeding in Delhi- from day of filing to judgement? If no contest.
If it is not contested by the spouse, she would be proceeded ex parte and the ex-parte proceedings would take at least 10- 12 months.
What I meant is, if both parties agreed to go for annulment and while the responded is present in court ,responded is not contesting against the allegation.Would it still take 1 yr?
If she appears before the court and admits, then it would not take 1 year.
The court would draw the decree after admission.
during pendency of annulment petition wife can claim maintenance and even at the time of finalisation of the case or thereafter claim permanent alimony
She cannot claim any alimony or maintenance, in case of annulment of marriage on ground of being a void marriage
it would take a time off approximately 1 year even if it is not contested
Hi,
It may take one year or so for complete proceedings. In case of ex parte decision, no alimony is granted.
It's totally depends upon how many pending cases are there in court before your case.
You can ask your lawyer to proceed case in fast track court.
It depends on the quote that how long it takes to pronounce the judgement in any case in case the marriage is void in that case it will be the more considerate question that why the Marriage is white void?
The court will take decision only on this issue if the respondent is not guilty of anything in this marriage then she must be compensated
Dear Sir,
1. Yes the woman who got annulment of marriage by decree of nullity can also during pendency of annulment petition claim maintenance and even at the time of finalization of the case or thereafter claim permanent alimony and maintenance. The financial status of both parties have to be checked to decide the applications of the parties claiming financial support from the other.
2. Procedure for filing petition for annulment – One of the parties must necessarily live for a continuous ninety day period in the state where the petition for annulment is filed. Though the procedure of annulment is similar to that of a divorce, but not as complicated as divorce.
3. Annulments are not granted graciously but rarely and so whenever they are granted, there should be very specific circumstances.
Thus, annulments nullifies the marriage thus returning both the parties to the position prior to their being getting into the institution of marriage.
Dear Sir,
- As per Supreme Court of India even incase Marriage is announced Void or Annulment, still she is entitled for alimony. Below is the judgement for your understanding -:
(Gurmit Kaur vs Buta Singh on 11 August, 2009)
- Application U/s 24 of the Hindu Marriage Act makes clear on grant of maintenance pendente lite and litigation expenses.
- The process shall take easily minimum 6 months even if another party does not contest as court takes own time according to other pending cases.
- Rest of the input can be shared once have the clear input of case and seeing the facts.
- Do feel free to connect incase need any further assistance with prior shared the case details
Regards
Vivek Arya
In case of void/ voidable marriage, the spouse can ask for maintenance but only during the pendency of the proceedings and not thereafter.
The time for the annulment proceedings depends from Court to Court.
Your understanding and interpretation is extremely wrong. Annulment cannot be done by consent. The other side may agree to the allegations but even then the Court may not annul the marriage if they feel that there is any collusion or connivance between the parties.
A void marriage is a marriage that did not happen in the eyes if the law. It is as if it never existed. To declare a marriage null and void a case must be filed for it and if there are grounds then the marriage would be pronounced void.
Regards
If the grounds are such that it becomes clear to the court from the first day that the marriage fulfilled the conditions necessary for a void marriage as specified in the hindu marriage act the court shall grant instant decree if the opposite parties are not present.
Regards
If the court has nullified the marriage by an order of annulment then ther is no marriage and if there is no marriage then there is no question of alimony.
If the annulment case has not been contested by the respondent after receiving the summons, then it may come to an end within very short period.
If the respondent is participating in the case and do not put strong fight on mutual understanding, then the case may be disposed within 6 months also provided it is expedited properly by your advocate
1. If the marriage is annulled then wife has no right to seek alimony as it means as if the marriage never took place in first instance.
2. It takes about a year in Delhi.
Under Hindu Marriage Act the only petition that can be filed jointly is a petition for divorce by mutual consent. Annulment petition cannot be filed jointly.