shaadi not legal?

Bruce Shiv (Querist) 18 February 2011 This query is : Resolved
I was born a Christian, my wife is a Hindu, we did Shaadi under the Hindu marriage act. Is that legal? Can the Shaadi be annulled because it was done under the wrong act?

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Kiran Kumar (Expert) 18 February 2011
this marriage should have been performed under Special Marriage Act :)

Bruce Shiv (Querist) 18 February 2011
Ha yes, true, but it was not. I have a Hindu Shaadi certificate. Because of this can the marriage be annulled? As a foreigner living here I was not aware of these rules.

A V Vishal (Expert) 18 February 2011
The marriage is voidable and can be annulled however, the anamoly can be rectified.

Bruce Shiv (Querist) 18 February 2011
Thank You A V Vishal. my wife is a 498a girl who is obsessed with harming me with false charges. So if the Shaadi can be annulled then am I off the 498 hook??

A V Vishal (Expert) 18 February 2011
Since the marriage is not proper in my opinion it is void ab initio. Annulment is not possible in your case since the conditions specified for annulment are not met.

A V Vishal (Expert) 18 February 2011
Where are you currently residing and where is the case being prosecuted.

Bruce Shiv (Querist) 18 February 2011
living in Delhi, prosecution in Maharashtra. OK so no annulment but the Shaadi is void ab initio. How can I obtain this? Does this make the false 498 I am under go away? Thank You

A V Vishal (Expert) 18 February 2011
Much depends how your advocate tackles the issue. The stand of your advocate must be very specifically towards the void marriage.

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