Annulment

Incomplete information and vague query.

You are suggested to contact a counsellor.

The marriage cannot be annulled except very exceptional circumstances such as if either of them was a minor as the time of marriage or any such reason as prescribed in law.

Yes she can file petition and write full details of her mental agony and other statement in it for voidable of her marriage in the family court u/s 12 ( c ) of hindu marriage act on The ground of her consent for marriage was taken forcely and by emotional blackmailing .

Dear Querist

the marriage can be declare void as per section 12 as under

12. 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 respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; 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 is required under section 5, the consent of such guardian was obtained by force or fraud; 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 for 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 grounds for a decree.

kamal, 

urself as well as ur friend, both are MAD

first of all you are mixing the facts.

 

marriage without soncent is one thing

 

domestic violence afgter marraige is another thing.

provision of law is well elaborated by Mr Qureshi

If marriage has been solemnized by force, it can be annuled.  But you have to explain the court that who forced you and how you have succumbed to such force.  Once court believes your evidence, then only it can annul  the marriage.

Hi Everyone, Thanks for the reply.

How does she prove that it was a emotional blackmail by parents?

Does she need to file a case against someone? or just appeal to court?

What role does her spouse play in stopping it after she files the petition?

read what Mr Chandershekahr said.

 

Let her start by registering FIR against hew onw parents, bridegroom and his parents.

Thanks Sudhir Sir,

But filing a FIR is necessary? Can't she directly appeal to court?

If she files an FIR, she will be deserted and no one to support her.

The forced marriage cannot be considered as a strong ground for annulment of marriage, especially i the event of the girl being an adult at the time of marriage and she had all the opportunity to stop the marriage, moreover  there is no such provision in law as well, however, on an application u/s 12 of HMA, by the girl/petitioner explaining the circumstances of marriage and her helplessness at that time and  if the respondent also agrees to her prayer without objecting to it, she may go through the process and get her marriage annulled. Let she avoid making any complaint against her parents with the police which will conly complicate the issue.

you said

 

"If she files an FIR, she will be deserted and no one to support her."

 

even if she does not file FIR still she will be deserted by all the moment she files a case against her husband and her parents being respondents.

 

or else she wants all suffering for husbands family and none for her pareetns who (according to facts given by you) are real culprits.

Thanks Mr. kalaiselvan and Sudhir,

Agreed with you. So, if she files a petition on an application u/s 12 of HMA, how can she prove the chargesof blackmail and mental agony? And wat if her spouse doesnt want to annul the marriage?

Also, want to know, if there is a forceful physical relation, can that be added as a reason for annulment too?

She should talked to her husband that she don't want to continue her marriage she wants his help to discontinue this , she have to state in the court u/s 12 hma that she was not interested in this marriage but her parents were adament and by giving threats that they will commit suicide if she will not marry to their choice , they show me the fear of society , at that time i was helpless but now iam feeling that i can not live with a person whom i didn't like .