Remedies against harassment by Recovery Agents
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: Adv. Kishan Dutt Kalaskar 2021-02-18 07:12:13
by: admin 2021-02-12 07:34:18
by: Admin 2021-02-04 07:13:42
by: Adv. Kishan Dutt Kalaskar 2021-02-03 11:47:51
by: Adv. Kishan Dutt Kalaskar 2021-01-25 14:10:26
by: Adv. Kishan Dutt Kalaskar 2021-01-14 12:43:56
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Milmet Oftho & Ors. V/s Allergan Inc.
Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
M/s ExL Careers V/s Frankfinn Aviation Services Pvt. Ltd.
The Maharashtra State Cooperative Bank Ltd V/s Babulal Lade & Ors.
Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
Rathnamma & Ors. V/s Sujathamma & Ors.
Ravinder Kaur Grewal V/s Manjit Kaur
Ficus Pax Pvt. Ltd. V/s Union of Indian & Ors.
Commissioner of Income Tax V/s Chandra Sekhar
Analysis of Section 41-A of CRPC, 1973
Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
Kailas & Ors. V/s State of Maharashtra
Sukhedu Das Vs Rita Mukherjee
Witness to a Will
National Insurance Co. Ltd V/s Hindustan Safety Glass Works
Mahalakshmi V/s Bala Venkatram (d) through LR & Anr.
Kajal V/s Jagdish Chand
Shyamal Kumar V/s Sushil Kumar Agarwal
NRI's Power of Attorney
Megha Khandelwal V/s Rajat Khandelwal and Ors.
Is Registration Compulsory under Trademark and Copyright?
Md. Eqbal & Anrs. V/s State of Jharkhand
Types of Will
Employment Contract
Police Clearance Certificate
Validity of Crypto-Currency in India
A. Jayachandra V/s Aneelkaur
Points to be considered before filing an Income Tax Return
Union of India V/s N. K. Shrivasta
Startup under the Government Programme
The procedure for filing a complaint against a Lawyer
Types of Stamp Paper
Satvinder Singh V/s State of Bihar
Sexual Violence laws under the Indian Penal Code
Shreya Singhal V/s Union of India
Division of Assets
Shaleen Kabra V/s Shiwani Kabra
Types of Property
Vasant Kumar V/s Vijaykumari
Personal Injury - Damages
Adultery under the Indian Law
United Commercial Bank & Anr. V/s Deepak Debbarma & others
Intentional Wrongs
Vinay Kumar Mittal & Others V/s Deewan Housing Financial Corporation Limited
How to get a Marriage Certificate?
Mohammed Siddique Vs National Insurance Company Ltd
Pagdi System
The Bonus Act
Frivolous Complaints under the Sexual Harassment Act
Important Income Tax Return Forms and its Due Dates
Garden Leave
How can a Private Complaint be filed?
Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
Shortcomings of the Consumer Protection Act, 2019
Tougher rules for the E-Commerce Industry
Difficulties faced by men in Family Courts
The consumer is the King in 2020
Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
Real Estate scenario Post Covid-19
Post Covid-19 Digital Shift of Legal practise
Mutual Consent Divorce through Video Conferencing
59 Chinese Apps banned in India
Litigants and the Lockdown - A Court Perspective
Anticipatory Bail for cases under section 498A of IPC
Brand Protection in times of Covid-19
Title Verification of Immovable Property
The Judiciary during the Pandemic
Termination of an Employee during Covid-19
Drafting of a Will
Criminal Medical Negligence in times of Covid-19
How does Covid-19 affect employers and employees?
Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
Police Interrogation
Prenuptial Agreements
Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
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Consumer Complaint Legal Notice
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Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
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Rights of Doctors with respect to Medical Negligence
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Faulty Machine Aids Medical Negligence
The Special Marriage Act, 1954
Top 2019 judgements by Supreme Court
National Medical Commission Act 2019
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Child Labour
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Annulment of Marriage
Probate
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What is a Stamp Paper?
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Debt Recovery provisions under the SARFAESI Act
Effective ways to stop Ragging
Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
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Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
Domestic Violence
Power of Attorney
Dissolution of Marriage - Christian
Noting And Protest
Hostile Witness
Unfair Trade Practice
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Fraudulent and unauthorized transactions at ATM
Is legal documentation important in medical practice?
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Personal Data Protection Bill, 2019
Jurisdiction of Consumer Redressal Forums
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Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
Doctors' Bill: Prohibition of Violence & Damage to Property Bill, 2019.
Why less Indemnity cover is risky for Doctors?
Procedure for filing a Notice in India
Format of Legal Notices in India
Citizenship Amendment Act, 2019
Demerger
Legal framework for the Elimination of violence against Women in India
International Day for the Elimination of violence against Women
Family Courts in India
Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
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Legal and Regulatory Regime: Medical Technology
Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
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Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
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Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
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Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
A marriage is a foundation that sets out the rules and regulations that defines obligations, duties, rights, responsibilities and privileges of husband and wife. It is considered as a contractual agreement between two parties which lays out expectations of behaviour and carrying out duties. Marriage is a social bounding which stabilizes and formalizes the social relationship that comprises a family.
As marriage is considered a contract, like every contract, there are specific terms and conditions through which the marriage can be revoked. One such process, through which the marriage can be ended, is “Annulment of Marriage.”
Annulment of Marriage
Annulment of Marriage refers to the legal procedure which erases the marriage as if the marriage never took place. It declares the marriage null and void. The main issue under Annulment of marriage is that whether a valid marriage took place or not. It questions the validity of the marriage, rather than questioning the sustainability of marriage. Annulment is generally filed by those couples who don’t want any further duties or obligations with respect to each other after the marriage is over.
However, it is crucial to understand that the Annulment of Marriage is not the same as Divorce. Though both the terms deal with termination of a marriage, but in reality, they are dissimilar in many ways.
Basis of differentiation |
Annulment of Marriage |
Divorce |
Purpose |
To declare the marriage null or void which was invalid |
To end a valid marriage. |
Status |
Single/Unmarried |
Divorced |
Marriage previously existed |
No |
Yes |
Legality |
A high degree of legal procedures |
Low degree of legal procedures |
Alimony |
No (as no obligations or duties exist) |
Possible (depends upon the parties) |
Witness and Proof |
Yes, as it is essential to prove that marriage was null or invalid |
No ( if it is a mutual or no-fault divorce) |
Grounds-specific |
Yes |
No (if it is a mutual or no-fault divorce) |
Division of Property |
No (As after annulment, both the parties lose all their rights on one another) |
Yes (Depends on the decision of both the parties) |
Children considered Legitimate |
Yes |
Yes (child custody can remain with both or either with a single parent) |
Length of time required for filing |
Immediately |
No prescribed time period |
Grounds of annulling a Marriage
The grounds for annulling a marriage are as follows:
Laws relating to Annulment of Marriage in India
Several laws deal with the nullity of marriages in India. They are:
A Hindu marriage is applicable for annulment if either of the spouses:
A Christian marriage is applicable for annulment if either party:
A Parsi Marriage is applicable for annulment if either party:
A Muslim marriage is applicable for an annulment if either party:
This law is applicable to those people, who belong to any religion undergoing a civil marriage.
Procedure for obtaining Nullity
Step 1: Petition for annulment of a marriage shall be presented before the court of law.
Step 2: The Jurisdiction of the case is decided, depending upon where the respondent and defendant resides or the place where the marriage took place.
Step 3: The court then issue notices to either the respondent or defendant to submit a reply before the court.
Step 4: After hearing both the parties and witnessing the evidence, the court decides the matter and grants a relief accordingly.
Under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954, the court is the Family Court or the City Civil Court. On the other hand, Under the Parsi Marriage Act, the court is the one which is established under the act. It is also important to note that, the court does not decide annulment of Muslim Marriages, but it is instead determined by their religious practices.
Child Status in a Void or Voidable Marriage
Rights of Wife
It has always been a topic of debate, whether a wife should be entitled to alumni or maintenance by her husband in cases where a marriage is declared null and void by the court. A woman is considered to be an “ex-wife” if she has been divorced or out of a marriage. According to some recent Supreme Court verdicts, a wife is entitled to maintenance from her husband, if the marriage is declared null and void due to the mischief or the wrongs committed by the husband under Section 125 of Cr.P.C. However, both the husband and wife are not subject to any kind of responsibilities or duties towards each other after the marriage is annulled. The wife and husband are free and
Case Laws
Various judgments have been passed by the Supreme Court in situations where either party demands nullity of a marriage.
T K Surendran Vs P Najima Bindu
IA No. 1/2016
The above case deals with the situation, where the wife filed a petition for annulling a marriage due to the impotence of the husband. Under such situation, the Supreme Court of India granted maintenance rights to the wife by the husband on the grounds that, in the current scenario the marriage is being declared null due to the husband’s wrong or mischief and therefore maintenance would be awarded to the wife under Section 125 of Cr.P.C. Supreme Court upheld the Kerala High Court judgment of making husband liable to pay compensation to the wife.
Kollam Chandra Sekhar Vs. Kollam Padma Latha
In this case, the husband filed the petition seeking annulment of the marriage. The husband stated that the wife was suffering from a disease known as schizophrenia (a mental disability). The Supreme Court in this situation did not granted annulment stating that schizophrenia cannot be a suitable ground to dump the wife. The court further observed that schizophrenia is a mental disability which can be put on par with hypertension and diabetes. Supreme Court stated illness has its problems, but it cannot be considered for declaring a marriage void,especially after a child is born. The Court directed the wife to continue with the treatment.
Conclusion
In India, marriages are governed through different laws; likewise, annulment of marriage is also regulated through various laws. Marriages in India are considered to be a religious practice which is necessary for the future of a family. Therefore, it is essential that they should take place legally and not under force or any societal pressure. Facts of both the girl and boy should not be concealed to lead a happy married life. However, an annulment is a better process to set off a marriage then divorce, if the necessary grounds are available. It is highly advisable to appoint a legal person to go through the process of annulment so that there are no adverse consequences, and the process could be conducted smoothly.
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