• Annulment of Marriage

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.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

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 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Dear client on which ground she filed Annulment of marriage ? Pl mention it clearly.. 

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Kindly ask to registrar of court to rectify the error as per special marriage act and not as per Hindu Marriage Act.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84932 Answers
2196 Consultations

5.0 on 5.0

It depends how you got married

You can contest the same as per the status. You can also do the same your self

 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

If your marriage registered under Special marriage then annulment application filed under the provisions of special marriage act only. 

 

 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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:

Grounds for Annulment

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;

6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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