• Void marriage

A male married on DTD [deleted], now 24 Years ellapsed from marriage date, two childrens are born, after 7 years of marriage wife left matronial home n residing seperately by taking monthly maintenance under domestic voilance act till now,from 2004 male has living with unmarried female till now n got 3 childrens.married wife now asking entire property n half salary as written in mutual divorce agreement in stamp paper at home male is a government employee , but wife not come forward for mutual divorce so male has filed contested divorce on ground of cruelty desertion in family court present stage of case is ws filed by respondant as male is living with another female without marriage unlawfuly n at chief examination at court is to be completed, now at the time of marriage on dtd [deleted] male has under aged below 21 years on this ground now is it possible to male to change the petition to void the marriage solomnised on DTD [deleted] with wife for marriage annulment , second is all property is self acquired by male n male has completed 21 years of government service n balance 15 years government service is pending pl instruct in this regard suitably n precisely ok sir
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

wife has no share in self acquired property of husband 

 

2) she can seek maintenance from husband , right to stay in matrimonial home or alternative accommodation 

 

3) Under Section 3(3) the Prohibition of child Marriage Act, 2006 both the boy as well as the girl have the right to opt out of marriage until two years after attaining majority i.e. up to the age of 20 years for a girl and 23 years for the boy.

 

4) in your case 24 years have passed since you got married . marriage would not be declared void 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

1. See since 24 years have passed the limitation period to file for annulment is over so proceed with the divorce.

2. Also the wife has no right in the property if she is not earning she can ask for maintenance but she has no share in property he can transfer, sale , gift , will his acquired property as per his wish. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

As per the prevailing law in India wife will have no claim on the properties of her husband during his life time whether within her marriage or after divorce. 2. The bill has not yet been passed. ... Whether it's before or after divorce, your wife cannot claim right over your self acquired property during your lifetime

as on today, there is no law which gives absolute right over husband's property (self acquired/ancestral). under indian law she is only entitled for maintenance and alimony. if wife has contributed to purchase of property, same has to be proved and she can claim right over the same.

If the couple have children , children will have certain rights over property .

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

The limitation period is 2 hears after.attaining age of majority.

 Child marriages to be voidable at the option of contracting party being a child.-


(1) Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: Provided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.


(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend alongwith the Child Marriage Prohibition Officer.


(3) The petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority.


(4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money: Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Section 12 of Hindu Marriage Act, 1955 deals with

Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

A Party was Under the Age of Consent - If you were married while you are under the legal age, your marriage may be annulled. The legal age for boys is 21 years and for girls is 18 years. A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You have been married for 24 years 

 

 

you have lived with your wife for last several years 

 

you would not get the desired reliefs 

 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You can file early as possible. The limitation is 1 year for annulment after knowledge of the same

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. No after such a long time petition for annulement of marriage will not be maintenable as its been 24 years of marriage. 

2. Wife cannot claim any share from self acquired or ancestral properties of husband even without divorce.

3. She can only claim maintenance from you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Annulment of marriage may not be  maintainable at this stage.

The self acquired property of the male is his own and absolute property, nobody can claim any share in it as a right at least not during his lifetime.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

One year from the date of marriage or from the date of knowledge about this.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

to file for an annulment of the marriage under the any ground must be done under sec 12 of HMA, within a year of the marriage.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Aggrieved party can file a application to declare null and void within a period of one year when such thing came to known to him.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

To declare nullity of marriage wife should have desertion you and passed 7 years of separately living. But in your case it's not like that she is taking maintenance from you.

 

She is not entitled for property share till husband is alive.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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