3 Answers
Your course of action is correct. Section-9 petition is wastage of time so file divorce case or convert or amend pending section-9 petition to divorce case. Also claim interim relief of meeting child or visiting child to meet her.
Hello,
Sir,
You ought to have filed a Nullity of Marriage. However, the scope for the same is over.
As you mentioned you filed a Section 9 RCR. What is the fate of that? as because you have filed a RCR it means somewhere or the other you have acceptetd the proposition of marriage. We need to know the RCR fate to discuss anything further.
You mentioned that DV was filed post RCR filing. This can be your defense in the DV case. We also need to know how far has the case progressed.
You also mentioned that you have filed a custody case against you daughter. If I get it correctly you have filed the case against you wife for custody of your daughter. We need to know the fate of that case as well.
Please get in touch with me with all documents for better guidance through OLQ.
Dear Sir/Madam,
Your marriage can be declared null and void by a competent Family Court because it violates Section 5(i).
What about your daughter’s legitimacy?
Even if the marriage is declared null and void, the child remains legitimate under Section 16 of the Hindu Marriage Act.
So your daughter will continue to be your legitimate child, with all legal rights — inheritance, maintenance, and custody/visitation rights remain valid.