Void the marriage
neelu
(Querist) 07 June 2014
This query is : Resolved
Hello,
I am 25 years old girl. i used to love a guy and hence got marriage with him 1.5 years back. we did a registered marriage as it was an intercaste marriage and my parents were against it. after the marriage we were staying at our respective places(at our parents place). we did not disclose our marriage.
after a year somehow we were able to convince my parents and then a big marriage ceremony happened according to our customs.
from day one his mom tortured me. even he hit me 4-5 times that too very cruelly. after 5 months, i came back to my moms place and staying here since a month now.
he is ready to give me divorce and even i want the same. i want to know if we can nullify this marriage somehow.
i dont want to get the stamp of a divorcee hence i wud like to void this marriage. is that possible?
please suggest.
N.K.Assumi
(Expert) 07 June 2014
It will not work that way. Either Divorce or wait for next life by way of reincarnation.
Dr J C Vashista
(Expert) 07 June 2014
If you stayed married for more than one year before customary marriage, I presume your husband is with you through out. In that eventaulity sort out the matter with MIL (by winning her heart through your husband).
Do not think of divorce, be positive, submissive and accommodative and enjoy happy married life.
Best wishes.
Sudhir Kumar, Advocate
(Expert) 07 June 2014
sort out the matter.
if necessary get the MIL called to CAW. Such MIL in some cases on visit there abandon domestic violence. If she persists then she deserves that forthcoming consequences.
Devajyoti Barman
(Expert) 07 June 2014
Yes, your matter is not serious for divorce.
However f both of your are adamant then mutual divorce can be filed not nullity.
Nullity can be made if only both of you agree that your marriage was not consummated.
Sankaranarayanan
(Expert) 07 June 2014
Better to throw away the ego and talk with positive manner and re patch ' lead happy life. All the best
V R SHROFF
(Expert) 07 June 2014
Agree with Experts. Try to patch up.
Rajendra K Goyal
(Expert) 07 June 2014
Try to patch up and if not possible explore the possibility of Mutual Consent Divorce.
ajay sethi
(Expert) 07 June 2014
go in for divorce by mutual consent .
Guest
(Expert) 07 June 2014
Merely being intercaste marriage, that cannot be treated as a void marriage.
Anand Bali Adv.
(Expert) 07 June 2014
You should not go for Divorce as We presume the Husband is with you and will take your side as he showed his love already by waiting a whole year. I am agree with the Ld.Expert Dr Vashishtha on this point.
There is nothing in your case to see that the marriage can be stated as VOID and NULL. under Sec 11 & 12 Read with Sec 5 of the Hindu Marriage Act.
Raj Kumar Makkad
(Expert) 08 June 2014
well advised by experts leaving no room to enter.
T. Kalaiselvan, Advocate
(Expert) 10 June 2014
Since your married has already been solemnised as well, your present status is that you are a married woman, therefore to get out of the marriage divorce is the only solution. Even is your marriage is supposedly nullified, the fact of our marriage cannot be suppressed. Whatever it may be, there is no provision for nullifying or annulling your marriage with the given facts/situations, instead if possible, try for reconciliation or go for divorce.
