how to file for nullity of marriage in Durgapur
RA Asked by Rakesh Jha from India
Quick Answer
Nullity of marriage can be sought under Section 11 of the Hindu Marriage Act, 1955, if the marriage is void due to bigamy, prohibited relationship, or sapinda relationship.
Detailed Legal Analysis
Nullity of marriage can be sought under Section 11 of the Hindu Marriage Act, 1955, if the marriage is void due to bigamy, prohibited relationship, or sapinda relationship. A voidable marriage under Section 12 can be annulled on grounds such as impotence, mental disorder, or fraud at the time of marriage.
The petition must be filed before the Family Court in Durgapur within one year of discovering the ground for nullity. The Calcutta High Court has held that the burden of proving the ground for nullity lies on the petitioner, and medical evidence is often essential.
West Bengal Premises Tenancy Act 1997 may have procedural requirements or documentation standards specific to West Bengal. A decree of nullity declares the marriage void ab initio, meaning it is considered to have never legally existed.
Engage a family lawyer to prepare the petition with supporting medical or documentary evidence.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.