jay patel (other) 11 August 2013

Annulment

Respected sir,

I am Jay patel from Mumbai. I got engagement in aug 2012 with maternal uncles daughter, within this period i didnot get any love factor from my fianceI, we always had fight but every time i surrender in front of her forsake of relation then i got married 3 months ago (date:12/05/2013) with her. In this 3 month she stays only 5 days with me and total 13 days in my family. she always travel to her hometown nasik for some rituals. one month ago she ran away from my house (dt: 09/07/2013), we register fir in near police station of missing case. after 3 days she found in alandi near pune at some ashram ( as per her parents said). she came back to police station after 9 days for attendence ( some police station procedure for closing missing file) with her dad. Now as per her sisters said she dont want to stay in mumbai and dont want to come back. Even me and my parents dont want her in my house, but her parents doing pressure on her and my family to take her back. I need annulment/divorce from her as soon as possible. and as per law me and my parents want to b safe from 498a law. so please help me and give me advise for above situation.

thank you..

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2 Replies

M.Sheik Mohammed Ali (advocate) 12 August 2013

first you send legal notice, this legal notice very useful in future all the act,

so you immediately send notice to her, and you put your willing for annulment

of your marriage.

(Guest)

Dear Jay you have not mentioned through which act you have been married,though your name suggest that you are hindu and gujrati,so you would have done hindu marriage.

as I have a concern to you that do your family has a custom fo getting married to the relations of your maternal side?

but the Hindu marriage Act which came into power on May 18 1955 has some guidelines given for the phrobitation of marriage within the relations that iam mentioning as under:

Two persons are said to be within the degrees of prohibited relationships :

If one is a lineal ascendant of the other. For example a Daughter can not marry her father and grandfather. Similarly, a mother can not marry her son or grandson.
If one was the wife or husband of a lineal ascendant or descendant of the other. For example, a son can not marry his stepmother. Similarly, a person can not marry his Daughter-in -Law or son -in-law.
If one was the wife of the brother or of the father's or mother's brother or the grandfather's or grandmother's brother of the other.
If the two are brother and sister; uncle and niece; Aunt and Nephew or children of brother and sister of two brothers or two sisters. It must have been noticed in some communities the marriage with the wife of the brother and mother's brother and the first cousins are solemnized, those marriages, in the absence of a custom in the community are not valid marriages.
A person can not marry upto his second cousin from the mother's side and upto his fourth cousin from the side of the father. It is also necessary the parties should not be apindas of each other from either side.

In case, either party has a spouse living at the time of marriage, within the degree of prohibited relationship and are apindas of each other, the marriage between the parties shall be null and void.

So,in your case it is not clear that how you got through the marriage?