Annulment
Meenakshi
(Querist) 05 December 2015
This query is : Resolved
Im 28 yr old(female) was forced to register marriage in the month of Aug 2015 , its been 4 months till now. once i got register marriage i was at my home only, the boy family is not aware of this register marriage. the boy was waiting to get marriage done acc to hindu rituals & then take me to his home. but then even after registration i was still refusing to get married according to the hindu rituals & with no other option i attempted suicide at my home just after the 2 months of the marriage registration.
unfortunately the suicide attempt failed, i was saved by doctors & my family. after this incident my family left me as per my wish.
then i decided to cancel this marriage legally & heard of Marriage Annulment.
when i met some of my advocates, they said the petition for this can be raised only after a year.
I just need clarification about the annulment, when can i apply petition & will this be done within 6 months from the day of filed up ?
. I have not lived a day with him.
. The boy family is not aware of any of these issues as of now.
please do advice me
Meenakshi
(Querist) 06 December 2015
Hope I would get a solution
Sudhir Kumar, Advocate
(Expert) 06 December 2015
"Im 28 yr old(female) was forced to register marriage in the month of Aug 2015"
FORCED BY WHOM?
How is it possible for you to be forced to sign in registrar court you could have refused in presence of registrar and raised alarm
Meenakshi
(Querist) 06 December 2015
Was forced by my family
Meenakshi
(Querist) 06 December 2015
Emotional blackmailed & was forced by my family,
Guest
(Expert) 06 December 2015
Can you prove that force was used. I differ with experts above. For annulment of marriage by force or fraud you don't need to wait. Because this interferes with basic civil and human rights of an individual and Constitution cant allow such laws.
It is silly that you left the boy after marriage just because he asked you to marry as per hindu rites. Both of you could marry or atleast hold some rituals twice with christian and Hindu procedures. what is wrong in that? In inter religion marriages compromise and empathy is must. There are many couples who follow their own religions while remaining married. Rather both should follow both religions. This is my advise to all . My personal opinion is all religions are man made and not god made. No one ever saw or met god but we fight with each other in HIS name.It is absurd.Come out of this shrink mentality. It is time you should revise your opinion and save the marriage which did not start even.As regards your living with your groom even for a day has no effect on issues involved.
Guest
(Expert) 06 December 2015
Mutual Consent Divorce with the Boy's Consent would be the Peaceful Remedy after Completion of One year of Marriage.If you Prefer to drag this thread it is up to you.
Guest
(Expert) 06 December 2015
If a Legal Expert Differs our Opinion I would have Welcomed It.
Meenakshi
(Querist) 06 December 2015
The thing is tht guy is my frnd only, I knw him very well from past 5 yrs & I was been telling my family tht I'm not at interested in him, & tht too he is 4 yrs younger to me, I had never had any such feelings on him & I culd not , from the day one I treated tht guy as my bro n how will I !! Its very difficult for me to accept him. !
I littreally dnt wanted to get married to him, I tried like hell explaining my family to cancel this plan of register marriage n look some other guy for me but my family said tht I don't have any other option than this guy ! & the main reason they planned for this register marriage is because they didn't liked the guy whom I was in love with, my family stud against marrying the one whom I loved ,
Meenakshi
(Querist) 06 December 2015
I agree i did a mistake too, i had a option of refusing this marriage in the register office but then if i wouldn't have signed I would have seen a hell against me from my family, I didn't had enough guts nor I wasn't strong enough to go against to my family, it was my situation, I was helpless at tht time, was very much depressed too, the situation can be totally understood if one experiences it.
Thoght I would get some other solution rather than divorce so tht both me n tht guy would be satisfied at least to start of new journey with someone new !
We are frm typical middle class family & I literally hate a women getting married twice , im a woman who always wanted to be a one man woman ! I'm well respected woman in n around my place , society. I just wanted to avoid peoples talks abt my way of living, that's the reason I wanted to aunnuled this marriage ,!
Well i understood tht mutual consent is the only way to get rid of it !
Thanks a lot Mr. Sudhir Kumar , Mr. Rajkumar & Dr. Rajendra K Gupta for your guidance.
Guest
(Expert) 06 December 2015
For your kind information I do post queries both for myself as well as for people approach us because I am open minded,positive and believe that i have yet to learn so much and consulting and cross checking with experts is always desirable. I am not close minded and arrogant like you to throw mud on others as if knowledge stair ends at your mind.And no one should differ with you.Please better audit your own performance and see how many case you win and loose and what is average time taken by you for a case. This will sure help society at large ad legal profession which is loosing respect. Don't deny reality.
Guest
(Expert) 06 December 2015
Dear Author,Unless you have a Legal Remedy It is Not Easy to Come out of Legal Marriage.For your better future Consult a Local good Advocate and Also get the Consent Of the Boy and go for MCD following up the Legal Procedures and Come Out of the Issues.
Guest
(Expert) 06 December 2015
Meenakshi/Raj Kumar read below excerpts from the Act:
1 year is maximum limit by which suit should be filed and not minimum period after fraud is discovered or force is ceased.
Now what have you to say?
Raj Kumar you dont have to do LLM to understand basic concepts of law. ANY FORCE OR FRAUD CANNOT KEEP TWO PERSONS UNITED IN ANY LEGAL RELATIONSHIP EVEN FOR 1 MINUTE.Always keep this basic and common sense tenet in mind .Anything unlawful or without consent cant hold water for even a minute in any law or Constitution of world.
If the lady waits for 1 year and more she wont have chance to void the marriage as it tantamount to compounding.
-----------------------------------------
Section 12 of Hindu Marriage Act, 1955 deals with
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 marriage has not been consummated owing to the impotency of the respondent; 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 was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; 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 the 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;
Meenakshi
(Querist) 06 December 2015
Sir please do not lower yourself !!
When someone seeks a solution for their issue, being a senior , pleas be polite to everyone sir , I'm talking generally.
I'm already emotionally screwed ! Please don't fight here, if I'm the reason for it , very sorry ! I would like to take a clam good advice's further from you , thank you
Meenakshi
(Querist) 06 December 2015
thank you Dr. Rajendra
Meenakshi
(Querist) 06 December 2015
@ Mr. Rajkumar thank you sir, I'm confused abt all, but all of your advice helped to gain some knowledge regarding this ! I just wanted confirmation n clarification about null n void & the diff from divorce , thts reason I posted here,
I shall Contact my advocate further !..
Thank u all
Guest
(Expert) 06 December 2015
Dear Author In your Case there is No Chance For Null and Void.With a friendly approach Convince the Boy for MCD which would be the easy Solution That too After Completion of 1 year of Marriage and MCD would be Over in 6 months.All the Best.
Meenakshi
(Querist) 06 December 2015
What is MCD ?
Meenakshi
(Querist) 06 December 2015
Yup got it ! Tnx
Guest
(Expert) 06 December 2015
Meenakshi if you can prove force or pressure exerted by any one go ahead to get your marriage annulled as per law reproduced by me above. If you wait 1 year or more you no longer can seek nullity on ground of fraud or force or mis-representation about ceremonies or facts. Your case seems to be last one that boy first married you and then insisting on Hindu rites which seemingly you dont want.
Please ignore interruptions and distractions by immature advises and misbehavior by people.
But We still advise to save the marriage if you can.
Meenakshi
(Querist) 06 December 2015
@Dr. Rajendra - sir I said earlier I'm not at all willing to lead life with him, when I look that boy the brotherhood zone , there is no question of saving marriage !
Sir during the registration my uncle n aunt n my 2 brothers were present, not even my mother not the boy family , this marriage was done with all confusions, miscommunication, forced & pressurized. Me & the boy haven't took a picture together also , the photo stuck in the marriage certificate is an normal passport size photo , & I didn't even put my original signature on it , the signature differs from documents provided n the signature put on the certificate, the register marriage plan was only because is tht I cannot be done anything once it is done legally !
Meenakshi
(Querist) 06 December 2015
The registar marriage done is aware of only very few of them, Well all I wanted to do is to avoid marriage acc to hindu rituals done infornt of everyone, I did tht ! Now I'll just try getting out of this legally & marry someone else acc to Hindu rituals if I do get some trust worthy boy... !
Sudhir Kumar, Advocate
(Expert) 06 December 2015
"Was forced by my family "
You should have gone to police then and there and got your family locked in.
Guest
(Expert) 06 December 2015
First come out of this Issue Legally as Repeatedly Advised by Me.Then Plan out your Future with more care.You have No other Option but to wait as advised for a Legal Divorce.Business motive Social Reformers would Ruin your Life.
Guest
(Expert) 06 December 2015
Better Consult a Local Good Advocate and Try to get the Consent of the Boy For MCD amicably.
Sudhir Kumar, Advocate
(Expert) 06 December 2015
I appreciate her expression
"When someone seeks a solution for their issue, being a senior , pleas be polite to everyone sir , I'm talking generally."
while not being party to Mr Rajkumar's expressions against Mr Gupta while not being able to agree or disagree with any views of Mr Gupta. I tend to absolutely agree that
"Dear Author In your Case there is No Chance For Null and Void.With a friendly approach Convince the Boy for MCD which would be the easy Solution That too After Completion of 1 year of Marriage and MCD would be Over in 6 months.All the Best. "
MCD is mutually consented divorce where:-
(i) both parties come to court
(ii) mutually express agreement to divorce (without any reasons or allegation on either side)
(iii) prove that marriage is one year old.
the judge can dissolve this marriage after 6 months of application.
SO BETTER MAKE YOUR HUSBAND TO AGREE FOR THIS OTHERWISE YOU HAVE NO CASE MARRIAGE IS BINDING.
Without this divorce none of you can marry.
Meenakshi
(Querist) 06 December 2015
Okay ! Thank you Mr. Sudhir
Guest
(Expert) 06 December 2015
Please send me your degree details and in which division you passed it and bar council registration number . Better publish it here.Do you know meaning of section 120 B? and where is it used. So that I can forward this to thread to moderator of this forum also. You are definitely lowering dignity of legal profession, if you are actually a registered advocate.Are you also aware that your licence is only meant for practicing in specified courts of law and not on public fora? Any one can give advise to any one outside court. Dont insult others who are not advocates.This is open forum where advocates, other experts and public come together. IT IS NOT FOR ADVOCATES ONLY. Just update your self and focus on queries and have meaningful positive discussions.Stop making fun of others. Don't expose your self .You have bar council and bar ascociations which is for advocates only.
Meenakshi
(Querist) 06 December 2015
& one more thing I need to tell u sir, you said you tht I must have gone to police station against my family when they forced me to marriage ! Well belonging to typical middle classed family, a lovable n well respected woman would never wants family to be locked up ! Indian women always wanted to keep up the family name well n safe , & I always wanted to explain them n make them understand instead of making it a big issue ,
Guest
(Expert) 06 December 2015
Okay Instead of Regretting about what had happened Now Plan your Future with Care.All the Best.
Meenakshi
(Querist) 06 December 2015
Yes sir, thank u
Rajendra K Goyal
(Expert) 06 December 2015
author,
If boy agree, mutual consent divorce is fast and better way.
Analyse situation, consult local lawyer.
Meenakshi
(Querist) 06 December 2015
@ Mr. Rajendra k goyal , yeah sure thank u
Meenakshi
(Querist) 06 December 2015
@ Dr Rajendra K Gupta - beyond all this man created law n orders, there is a god, truth n fate written , ! Let me hope for the best further , what has to happen let it happen, let me try as much as possible I can ! All I want is just a peaceful n satisfied life for both me n to that boy .
Guest
(Expert) 06 December 2015
Meenakshi as advised Mr Goyal and others above you have 3 choices
1. Within one year file suit for annulment but you must have evidence to prove pressure by any one on you
2. Strike balance with destiny and implement your marriage. You own family played with your life so what you could do . U rightly remarked and I like your positive attitude. never ever try to go for suicide etc. Be brave . Is marriage really so important? There are many who are not married whole life? And you will get so many good proposals with time.
3. Discuss with boy and go for mutual consent divorce a fastest route. I can see he wont have many options too as he would realize you are firm and he wont like to waste his own life too. So just cool off for a couple of months.
See legal exerts can only give best legal opinion but our system is slow and now it has become almost mandatory for reconciliation attempt and many senior advocates are given role for this. Society and awl both realize importance of reconciliation way including arbitration and Lok Adalat.
It is easy to say file a case but then what?
See my article in list of articles under profile section on women laws. It is pity that even today women are being victimized by even their own families.But face it. be practical and have hope in Lord.
Meenakshi
(Querist) 06 December 2015
:) thank u for ur hopeful talks n valuable advice, Discussion about this with all of you made me little fine from confused & mentally disturbed state especially from Dr. Rajendra. I was feeling very much uncomfortable in opening up this topic n talk openly abt this to any of them !
Meenakshi
(Querist) 06 December 2015
Yes , for sure @Mr. Rajkumar
Dr J C Vashista
(Expert) 07 December 2015
There is difference in legal preposition of "annulment" and "mutual consent divorce".
Consult a local prudent lawyer for proper advise and proceeding, if your marriage was not conusmated, then the situation is different to vice-versa.
Guest
(Expert) 07 December 2015
Dr Vashishta a nice advise. However i see that most experts always write that contact a local lawyer. That is in any case going to be last step by most querist. They come here to form idea what is best legal defense or action for their problem. This also helps them to discuss with their advocate. At least that is what I do in my case.
A good lawyer who charges reasonable fees and is committed to client interest and always tries to finish case as early as possible should be choice of all litigants.Now a days it is difficult to filter the available experts for a common litigant.This could be one reason for rising queries on such fora.Thanks
Guest
(Expert) 07 December 2015
The Statement of rajendra k gupta about Advocates is Obviously A Defamative Statement about Advocates
Meenakshi
(Querist) 07 December 2015
Sir , my advocate suggested for null n void , to file up case as froce n fraud when I firstly met my advocate along with my mom n brother. But as we didn't had much knowledge about it we just ignored that & we asked for MCD !
Meenakshi
(Querist) 07 December 2015
@ Dr Vashista - my marriage is not conusmated ! Expect my signature in the register nothing else is happened so far, ! Frm the day of the registeration I'm at my home ! No saptapadi, none of the Hindu rituals done , !
Guest
(Expert) 07 December 2015
Author, Could you Justify/Explain what was the Fraud and Force in your marriage and Whom are all involved Please.
Meenakshi
(Querist) 07 December 2015
My whole family , particularly my mom forced ! I was foricably took phone form me & was sent to My aunt n uncle's home at Mysore ! When I was insisting my uncle n aunt to take back to my home (bglr) but they just avoided me to, & after 3-4 weeks they took me to my home, both my uncle n aunt lied to mom saying that i agreed to get married to the that boy ! I got to know about this only after my hospitalization ! My whole family agreed n accepted their mistake only after my hospitalization, ! & when I was in mysore I tried few of my trustworthy frnds to ask for help but then I could not , I was unable to contact them.
Meenakshi
(Querist) 07 December 2015
The boy didn't get his family to rigester office nor to my home to talk about the marriage. He did not get his family because the boy knows very well that im not intrested in marrying him , if ever he gets his family the marriage plan will be canceled actually , so where as the boy does not wants to be canceled. My whole family was in favour of him however & was against to the boy whom I was in love with , he just got used this situation & married legally so that I can not be done anything when marriage is done legally
Meenakshi
(Querist) 07 December 2015
& the boy he himself told to me tht my family only insisted & forced him & blackmailed him to get married me, I got the screen shot of those msgs n showed my family !
Even now I don't knw what exactly happened, everyone in my family blames on that boy & the boy blames on my family.
I'm like whom to & whom not to. !
Meenakshi
(Querist) 07 December 2015
If it is not forcibly done, if it is done with all my acceptance then acc to Hindu practice y didn't a meeting held between my family & the boy family till now ? The boy family doesn't even know anything happened so far , what is that so ??
If it is not forcibly done then till now the marriage as per Hindu sashtra has been organized right ?? It is not , because if the boy family is aware that I'm not at all interested on his son to marry they will obvisiouly cancel all the arrangements!
Meenakshi
(Querist) 07 December 2015
The only purpose they arranged for register marriage is because I can not be done anything against them instead I shall get married to the boy ! But still I was refusing to the arrangements going on & was patiently trying to explain them, I even taught with my family daily , but they were not understand !
Meenakshi
(Querist) 07 December 2015
My mom was keep on troutring me talking unwanted things, using hell lot of bad words,. I even told her that the boy is like a brother to me , even though she did not listen to me .. I become very depressed n emotional, without my control I just hung myself. & then things changed up n truth came out from them self
Guest
(Expert) 07 December 2015
When you are strong enough you could have or Should have Not Co Operated for the Registration.
Guest
(Expert) 07 December 2015
Better take that Boy also to your Advocate and Discuss what Best Could be Done at the Earliest.Any thing done by Your Advocate with the Consent of Both of you would Simplify the Issues.
Meenakshi
(Querist) 07 December 2015
Sir I told u yesterday in one of my explanation that I was not strong enough as I am now, I was very much depressed & was locked up emotionally, & no one was ready to listen what I'm trying to say , I was unable to do anything at that time ! Well il meet up my advocate.
Guest
(Expert) 07 December 2015
Good and All the Best.Try your Level Best to take the Boy also to your Advocate which would Simplify all the Issues.
Meenakshi
(Querist) 07 December 2015
Sure sir ,
Guest
(Expert) 07 December 2015
Very Good and Kindly Post the Developments Here Please.
Meenakshi
(Querist) 07 December 2015
Definitely Sir,
Guest
(Expert) 07 December 2015
All the Best.
