Ops kindly read the below reply first then the above one, my faulty keyboard caused the above half backed message submission on this board………..
@ Author,
HMA The Act has provision to annulment the marriage as in your presented briefs. However if I note the laches (4 years) in the brief then I say you have a very thin line of defence subject to convincing with stressful pleadings before Family Court to make the verdict come in your favor.
Reasoning:
It should be noted that annulments are not easily granted, and proving that a marriage is voidable is not easy.
Let us take it in this layman’s explanation way that, while divorce depends on the existence of an actual legal marriage, it does not “undo” the marriage but rather “ends” it. Annulment, however, “can undo” the marriage by declaring it invalid. Even if the actual wedding ceremony took place (here what I see is the presence of a Registered Marriage already in place) but under the HMA The Act which is gender equal law there was never an actual legal marriage adverse infrence assumption wise, well in your presented case an annulment can be obtained if your side can proove with some limit of resaonable doubt that the said registered marriage was either void or voidable.
Further to understand the thin line a void marriage is one that was never legal (a marriage void ab initio or marriage void from the beginning is the way to put it), such as in the case of a second concurrent marriage (bigamy – which is not the case in hand here) or marriage between two closely related people (incest – again not the case in hand here). A voidable marriage is one that could be declared void because of specific facts (well this is the facts with resonable inference your side needs better grip on to prove before Bench). For example, if a woman marries a man who later “comes out” and declares himself to be under the influence of alcohol and or drugs, the husband could seek an annulment if he can prove with ‘facts and witness’ that his orientation was concealed at the time of registration of marriage. This means that had all the facts been presented at the time of seekign Registration of their marriage, presumably it either shouldn’t or wouldn’t have taken place, and as such the marriage is invalid. However, if the woman knows about man’s alcoholic and or drug inducing stage, enters into the marriage, and continues to live with him, he cannot later claim marital fraud is my stressful view and assert that the marriage is invalid or “voidable.” But, here the beuty of ‘facts placed as in your brief’ is that both of you allege that you never lived with her a single day ! Is it true fact? Further a caveat here (say a flip view) is that, it is not to say, the man must remain married. Instead of an annulment, he may file for a divorce.
However, seek a well reasoned Family Court Advocate further advise in this laches aspect which I doubt you can explain well before bench supported with “facts” being cross examined to reasonable assumptions.
Also note it would be cheaper to sustain this registered marriage and go in for a live-in and the day lady gets the wind of it she will file for divorce is another way to make up once marriage vaccum.
