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ps (none)     15 June 2012

Annulment of marriage

My brother's marriage got registered in Feb-12. His marriage certificate says-under the gujarat registration of marrige act-2006. At the time of the certification we got a priest to sign that (so i am assuming it got registred under hindu marriage act) we wanted the certificate earlier as we wanted to apply for the girl's visa to Australia as my brother lives there. They were going to get married with 'saptpadi' on 21-june -2012. There was no saptpadi in feb. 

Now both families having major diffrances and my brother feels she is not the right girl for him.

Can we apply for annulment of marriage in this case?

Somebody told me annulment should be applied within 90 days of registration, is that correct? 



Learning

 2 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     15 June 2012

unclear question... if both the parties are ready to file divorce under mutual consent then also you have to show that both are leaving seprate for more than a year or so...

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 June 2012

1. What anullment ? in this case there is no marriage since there is no Saptapadi. Mere Registration is not adequate for making it a valid marriage. Annullment is done to nullify a marriage . in the present acse ther is no marriage at all. Infact you'd have to seek a declaration as to your brother being unmarried. 


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