Annulment of marriage & divorce
SK NADIMUL HAQUE
(Querist) 13 September 2017
This query is : Resolved
Can a girl get a decree of annulment of marriage if she has been forced and blackmailed into marriage by her parents and she now has been married for 2 months and her husband has intercourse with her against her will and against her consent.
If not then can she get a decree of divorce if she has been subjected to mental trauma by her in laws where her privacy has been compromised (Her phone activity is restricted and is constantly checked and supervised by her husband and in laws constantly) and freedom to move freely has also been compromised where she is not let out alone and is followed or accompanied by some of her in laws at all times and she is being subjected to constant mental stress and trauma by forcing her into changing her name making her do household chores and other issues. If the husband does not give her divorce and she just wants a divorce and does not want any alimony or anything, she just wants to get out of that coerced life what are her options?
Girl is a muslim please help her in views of Muslim Laws and/or the Law of the Land.
Ms.Usha Kapoor
(Expert) 13 September 2017
Yes! UNDER MUSLIM DISSOLUTION OF MARRIAGES ACT IF WIFE'S CONSENT IS OBTAINED BY FORCE THEN THE MARRIAGE CAN BE ANNULLED.MARRIAGE IS A CONTRACT IN Muslim LAW A MAJOR MUSLIM GIRL CAN INDEPENDENTLY ENTER INTO A MARRIAGE CONTRACT AND IF HER CONSENT TO SUCH MARRIAGE IS OBTAINED BY FORCE OR FRAUD SUCH A MARRIAGE CAN BE ANNULLED. A.PLEASE CLICK THE FOLLOWING LINK FOR FURTHER INFORMATION ON THIS ISSUE.
https://www.scribd.com/doc/105074976/Nullity-of-Marriage-Under-Muslim-Law-1
You CAN ALSO SEEK DIVORCE ON THE GROUND OF CRUELTY AGAINST YOUR HUSBAND,in Family court UNDER THE PROVISIONS OF MUSLIM MARRIAGE ACT..Since you are not interested in maintenance and Alimony I'm not writing about them here.
Sudhir Kumar, Advocate
(Expert) 13 September 2017
Prima-facie it is not a case of annulment.
You cannot (just cannot) prove that your parents forced you i8nto marriage and even if they did then your in-law family is prima-facie is not at fault. You have been asked by the Maulana to say "Qubul" and only then he proceeded to seek consent of the boy.
Marriage is complete and binding.
Given facts do now show any strong reasons for seeking divorce.
Ms.Usha Kapoor
(Expert) 13 September 2017
If parents or guardian force her then such a marriage is valid according to Muslim Marriage laws.
Rajendra K Goyal
(Expert) 13 September 2017
Agree with the advice from expert Sudhir Kumar.
SK NADIMUL HAQUE
(Querist) 13 September 2017
By the time the maulana asks the girl to say "qubul" the girl has already been subjected to threats of self immolation by the parents and all sorts of blackmailing has already taken place and saying "qubul" just creates a irreversible effect for the girl to suffer and accept her suffering for her whole life?
Now as I have understood the annulment of marriage laws after consummation of marriage annulment is not possible because our India Law Makers hypocritically (no offence) thinks that marriage is directly proportionate to sex and also does not recognize forced marital sex so forced or not if sex has happened then annulment is not possible but if the girl moves out of her in laws and lives separately for mental trauma do you think she can at least get divorce and live her life freely without stress or subjugation?
P. Venu
(Expert) 13 September 2017
The query appears to be less than real. Certainly everyone is entitled to his /her views.
SK NADIMUL HAQUE
(Querist) 14 September 2017
She is stuck at her in laws home and is being restrained from going out at all even to her paternal home. Even her parents are forcing her to stay there and are telling her that she does not need to go to her paternal home and should listen and do as her in laws tell her, normally what happens in a rural pro-muslim (believing strongly in lower rights for women compared to men and women being property of father before marriage and of in laws after marriage), uneducated and orthodox family. The husband's father is a witch doctor and does black magic and totka and all, the husband's mother is a irritating being in matters of household chores being done on the clock.
I would not like to call out anyone but you are experts and learned counsels but seems you have never come across a woman or a case like this or may have met the false case ones but that is not a matter for anyone to take prejudice about. People like the girl in the querry do exist and a suitable course of action is requested from your learned selves. If you feel like giving some suggestions sir it will be of great help as local lawyers sometimes tend to misguide.
Sudhir Kumar, Advocate
(Expert) 14 September 2017
No need to criticise the sensitivity of the experts here. They belong to no other society.
You have come to legal advisory forum and views can be expressed purely legal.
If she is treated like prisoner let her ring up 100.
If she has no telephone let her walk into thana.
If she is not allowed to go out let her write a post card to Mahila Thana.
If she is not allowed entry in parental home let her take police help and force her entry.
