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How can a marraige be declared void?
With reference IPC 494 and 495, if there is separation for 10 years, and there no communication, and if there has been no appeal for hearing in the court during this period, then can a person apply for voiding/dissolution/annulment of marriage?
Can marriage under the circumstances be declared void. This has a reference to Indian Penal Codes 494 and 495.There has been no communication between parties for the last 10 years.When the lady walked out she was the one who sought divorce with a rider. After that the matter never came up for further hearing.
5 Answers
- 10 years agoFavorite Answer
Dear Buddy,
Don't have to worry about IPCs. In case, there is no contact / communication / no knowledge on whereabouts for more than seven years, a plea can be made for the dissolution of the marriage.
Best of Luck.
Regards & May God Bless
G Senthil Iyappan
Source(s): Self - LLB - 10 years ago
Section 494 and 495 are not the provision of law to declare marriage null and void per-se there are provision of law that prescribe punishment for the offence of bigamy or second marriage during the lifetime of first spouse.
10years of separate living itself is not ground for making the marriage null and void but it can be a ground for obtaining divorce on the ground of desertion for more than 2 years.
First get the marriage dissolve by decree of divorce on this ground than remarry but if you marry just because the other spouse was not living with you for 10years then unless during this period if he/she was unheard as being alive than only this can be used as ground to get implemented under section 494,495, but if the other spouse was very much alive and his/her being alive was known to you this ground for protecting yourself under these provision will not be available to you.
Source(s): I am a Lawyer. - Anonymous10 years ago
yes , ut in court of law, U have to prove ur statement of separation of such period.
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