If your marriage had been registered under SMA anullment of marriage should have been filed under provisions of section 25 of SMA
2) further your wife had not prayed for alimony in petition filed by her
I and my wife both are Hindu. But we got married through a marriage register and after registry Marriage we had our hindu marriage ceremony. Now my wife had filed annulment of Marriage. The petition filed by her asks only for annulment of Marriage and no where any alimony claim is stated. At the top/begining of the petition it's written in black typing "Hindu marriage act u/s 25" which is then cut by a blue ink and written in blue ink "Special Marriage act". When i searched in "E Court" portal my case is displayed as " Hindu Marriage Act u/s 25. My question/confusion is: 1. Our Marriage comes under hindu marriage act or special Marriage act? 2. In the petition it's written "hindu" then cut with blue pen ans written " special" ; in e-court it's written "Hindu marriage act". Now section 25 in hindi Marriage act 5alks about alimony and section 25 of special Marriage act talks about annulment of Marriage. They have not mentioned anything about alimony in the petition but only asked for annulment. The e-court portal stating it as "hindu marriage act section 25" which is for alimony. Kindly clarify this.
If your marriage had been registered under SMA anullment of marriage should have been filed under provisions of section 25 of SMA
2) further your wife had not prayed for alimony in petition filed by her
1. The petition filed by Applicant would be considered and not the listing in the e-Court portal. The Application CANNOT be changed but can be retracted and filed afresh. The e-Court portal can be changed by the court registrar.
2. You lawyer has to harp /argu on the title of the application and not on the basis of any e-Court portal. After the application u/s 25 Special Marriage Act, the Applicant is now barred to move application under Hindu Marriage Act.
1. See if married under special marriage act then in that case it petition for annulment under special marriage act.
2. See there may mistake from the computer operator if petition is for annulment then in that case status wont matter court shall pass order based on petition and prayer.
Kindly ask to registrar of court to rectify the error as per special marriage act and not as per Hindu Marriage Act.
1. Your marriage has been registered under the provisions of special marriage act only hence it is correct that the annulment is sought under section 25 of special marriage act.
2. The mistake of mentioning Hindu marriage act has been rectified by scoring out the word Hindu and writing Special .
The ecourts records are not absolute, many times the data entry are made erroneously hence dont give any importance to the ecourts information.
It depends how you got married
You can contest the same as per the status. You can also do the same your self
Dear Sir,
My answers are as follows:
1. Our Marriage comes under hindu marriage act or special Marriage act?
Ans: If your marriage registered as Hindu marriage then she ought to have filed annulment application only under the provisions of Hindu Marriage Act.
2. In the petition it's written "hindu" then cut with blue pen ans written " special" ; in e-court it's written "Hindu marriage act". Now section 25 in hindi Marriage act 5alks about alimony and section 25 of special Marriage act talks about annulment of Marriage. They have not mentioned anything about alimony in the petition but only asked for annulment. The e-court portal stating it as "hindu marriage act section 25" which is for alimony. Kindly clarify this.
Ans: You may take a contention that which is favourable to you and resist the petition filed by your wife.
When both parties are Hindu, succession/inheritance shall governed by Hindu acts except claim of maintenance and dissolution of marriage.
Annulment shall be under SPA.
If your marriage registered under Special marriage then annulment application filed under the provisions of special marriage act only.
The case is registered under Hindu Marriage act.
If your wife is asking for annulement of marriage through declaring marriage as null and void or through divorce???
Hindu Marriage act section 25 is for permanent alimony and maintenance to she must have filed application under section 25 HMA for maintenance and alimony along with divorce petition.
Dear Sir,
There is no question of alimony if marriage become annulled.
Basis of an Annulment
In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act.
Section 5 Condition for a Hindu Marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;