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Null And Void Marriage And There Is A Doubt In The Law Section


15-Oct-2023 (In Family Law)
I need a meaning for the below paragraph. However, it is significant to note that no such petition for annulling a marriage on the ground specified in clause (c) of sub-section (1) of section 12 i.e., on the ground of consent by force or fraud, shall be entertained if the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered. Therefore, where your consent in the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered. Also remember that no such petition shall lie before the Court, in case you continued to live with the other party to the marriage as husband or wife, even after the force ceased to operate or the fraud was discovered.
Answers (1)

Answer #1
764 votes
Nothing stated in that section sir which says that if u want to make an application to annullifying the marriage means you should filed the application within one year period from the time when you came to know that person made fraud to you... Or force.. In case If you discovered the fraudualt active and if you continuously staying with the person who made you force or fraud after knowing that fraudulent or force you cannot approach the court by filling this application to annulling the marriage under these section
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