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Iss Pyaar Ko Kya Naam Doon... Ek Baar Phir
Iss Pyaar Ko Kya Naam Doon... Ek Baar Phir

can aastha annul the marriage now based on (Page 3)

Neelum.drashti IF-Addictz
Neelum.drashti
Neelum.drashti

Joined: 23 July 2012
Posts: 58217

Posted: 07 January 2014 at 12:37pm | IP Logged
Originally posted by justbeinghuman

Originally posted by Neelum.drashti

Originally posted by justbeinghuman

Originally posted by enlightenme

Originally posted by Neelum.drashti

honestly first one will make NA have a heart attack and shlok will have epilepsyLOL...so if aastha really want revenge she should go for it but on serious note, i hope it doesn't end up in court because a good lawyer can
make it all aastha and her family fault. and the question they will ask aastha in court room , god save aastha and her family from such situation.

i hope if it is divorce it should be out of court settlement.
it could be annulment out of court until they consummate the marriage. Divorce isn't applicable till then our psychology teacher told us about this. It happened with one her friends and she had studied law. 
 
i am not a lawyer but researched on internet, where unconsummated marriages in india are treated a little different then western world, Confused i think, i found a section of law, which is as under:
 
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) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) 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 ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground

i guess she can't annule per 2 (a)(ii) but then they haven't lived exactly as husband and wife. does anyone has this act start, there should be definition given there, other wise there must be cases referred in which it was arguedErmm
 
 
 
this is the link where one case was discussed

poor guy, he should have spoken up earlier, i feel so bad for both of them. I checked ehow link given in there but there was no mention about not sharing bed leading to annulement.  The other link in the answers took me to lawyers directoryOuch. let me check if hindu marriage act is available online.

The following 1 member(s) liked the above post:

multiDimensions

Neelum.drashti IF-Addictz
Neelum.drashti
Neelum.drashti

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Posts: 58217

Posted: 07 January 2014 at 12:50pm | IP Logged
i think the only way to get out is using domestic violence but thn shlok has never beaten her. but she can use psychological disorder to her advantage.
and another thing i noticed that u can't petition for divorce.

14. No petition for divorce to be presented within one year of marriage.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[ before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.


this is the link to the ACT

disclaimer i am not a lawyer.

sanhita88 Senior Member
sanhita88
sanhita88

Joined: 12 November 2013
Posts: 239

Posted: 07 January 2014 at 2:00pm | IP Logged
Sorry guys if Shlok Agnihitri reads our post am damn sure he will prove himself as a Man..for that he might end up in one more revenge track by making Astha fall for him like before...poor Astha who always seeks for a reason to end up is Shlok babie's hands will again fall for him...this is for sure...by the way Shlok Agnihotri is hot,rug and manly so no question of...arises...hope u get it...
rani-lucki IF-Sizzlerz
rani-lucki
rani-lucki

Joined: 27 May 2010
Posts: 13868

Posted: 07 January 2014 at 2:08pm | IP Logged
well we have to go with the 1st option cos theres no way these 2 like to look at each other never mind consumate
 
i hope this comes up in the show soon
multiDimensions IF-Dazzler
multiDimensions
multiDimensions

Joined: 25 October 2013
Posts: 3477

Posted: 07 January 2014 at 2:23pm | IP Logged
Originally posted by Neelum.drashti

i think the only way to get out is using domestic violence but thn shlok has never beaten her. but she can use psychological disorder to her advantage.
and another thing i noticed that u can't petition for divorce.

14. No petition for divorce to be presented within one year of marriage.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[ before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.


this is the link to the ACT

disclaimer i am not a lawyer.

 
thanks neelum
 
that explains the consummation after 360 days rule of indian teleseriesLOL
multiDimensions IF-Dazzler
multiDimensions
multiDimensions

Joined: 25 October 2013
Posts: 3477

Posted: 07 January 2014 at 2:25pm | IP Logged
Originally posted by sanhita88

Sorry guys if Shlok Agnihitri reads our post am damn sure he will prove himself as a Man..for that he might end up in one more revenge track by making Astha fall for him like before...poor Astha who always seeks for a reason to end up is Shlok babie's hands will again fall for him...this is for sure...by the way Shlok Agnihotri is hot,rug and manly so no question of...arises...hope u get it...
 
astha will fall in love with shlok as soon as he carries her so we will wait when shlok will lift her in his armsWink
 
 
sanhita88 Senior Member
sanhita88
sanhita88

Joined: 12 November 2013
Posts: 239

Posted: 07 January 2014 at 2:30pm | IP Logged
Very truly said justbeinghuman...Smile
talkie14 IF-Rockerz
talkie14
talkie14

Joined: 18 February 2009
Posts: 5007

Posted: 07 January 2014 at 6:33pm | IP Logged
Originally posted by dsr11

she can try to do that but she will need proofSmile


What proof?? Tongue

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