Annulment of void marriage
ANURAG
(Querist) 15 August 2018
This query is : Resolved
Only 2 months have past of marriage and all sorts of compromises failed to protect marriage.NO registration of marriage has been done and both parties readily agree for quick separation for their future prospects as both are almost overage.Marriage is not consummated and bride is confident to prove that she is untouched(Virgin). She alleges that ceremony was done forcefully(emotional blackmail) and had married earlier with someone at Hindu temple but with little proof. Can we file the case of annulment on the ground forceful marriage, bigamy as it is second marriage? Second party(husband) have no objection and looking cooperative for ex parte decision in order to Avoid next long 18 months wait for mutual consent. Please guide in this matter for robust way of liberating both lives? Thanks again.
Sudhir Kumar, Advocate
(Expert) 16 August 2018
this is not a case of annulment. She wioll never be able to prove forced (atleast appearing from sketchy facts given here) marriage.
try mutual divorce.
Vijay Raj Mahajan
(Expert) 16 August 2018
Yes annulment of marriage on the ground that the woman had previous marriage existing, the second marriage is thus null and void.
Husband not contesting the annulment petition and proceeded ex-parte.
The court will base its order and judgement on the evidence of previous marriage of woman in some Hindu temple, for that statement of the priest or marriage certificate of temple can be good enough proof of existing marriage with another man.
The consent for second marriage taken by force may not be good ground with an adult woman already stating having first existing marriage.
