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Rahul mishra (graduate)     14 February 2018

Annulment of marriage(urgent)

One of my relative Brother and her girlfriend secretly got married in arya samaj in December 2017, Family of both does't know about their marriage,They took the decision in haste without thinking anything and now are regretting it every single day, they just want to get out of this marriage as soon as possible. Is there any way to get annulment as both of them are now convinced that there marriage is only a mistake and they will never live happily afterward, Both of them are well above the minimum required age to get married,they don't want to wait for one year for filing MCD as it will only increase their problems as the things will open till then,so kindly tell me if there is any way of annulment of marriage as soon as possible.



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 32 Replies

Rahul mishra (graduate)     15 February 2018

Actually they want to end legally as the marriage is registered under Arya samaj act, now if they will not end it legally they will face trouble during second marriage that is why i was asking for annulment of marriage as both of them are convinced that they have done a mistake and will not be happy together neither their parent's so that is why i was asking for annulment of marriage as they have to wait for an year for filing MCD.

test123   15 February 2018

One file annulment and other party don't attend any court date.. publish in newspaper .. get it annulment........ For divorce file mcd... Both ends marriage... Difference in divorce /annulment... If you divorce.. mostly you end up GETTING divorcee partner... Annulment... You will get unmarried partner...

Vijay Raj Mahajan (Advocate)     15 February 2018

Best solution for this case, firstly engage some experienced and honest advocate dealing in Family cases. Secondly one of the party, preferably the woman file annulment of marriage on the ground of fraud committed by the husband by not disclosing facts about self and marriage ceremonies etc. and the marriage was not consummated because of the impotency of the respondent. The respondent/other party namely husband on the next date of hearing appears in the Family Court with his ID proof and copy of court summon in person and just tell the judge that he's not interested in defending the petition for annulment. The Family Court being satisfied of the service of court summon and marked appearance of the respondent shall proceed ex-parte and decide the annulment petition in favour of the petitioner by decree of nullity. No newspaper publications of the court notice, no waiting for months together, just easy and simple procedure to be carried out properly by the parties with help of experienced advocate.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 February 2018

Were both converted to Arya Samaj before the marriage?  If not the marriage is not valid. The Arya Samaj Validation Act, 1937 is available only to those converted to Arya Samaj. If the two were not Arya Samajis, their marriage was ab initio null and void on that ground alone.

Vijay Raj Mahajan (Advocate)     15 February 2018

Absolutely nonsense, your Arya Samaj marriage is absolutely valid marriage. Person without legal knowledge commenting and declaring it null and void is absolutely wrong. You have to either get the marriage dissolved by decree of divorce u/s 13 HMA or annulled u/s 12 HMA. Don't go by the wrong information about the marriage as null and void as given here .
1 Like

test123   16 February 2018

Advocates simply find ways to make money... Either someone is in legal problem be or put them in legal problem to make money....... Only HMA VALID marriage court dissolve.... When marriage it self is not valid then nothing required....they simply needs to forget about it and not take any action on each other..

Adv Radhika Mehta (Advocate)     16 February 2018

I agree with the opinion of Mr.Vijay Mahajan.  You can file for annulment on the ground of fraud or on the ground of the relative impotency of the husband. Thereafter, the other side can appear and file his Written Statement, whereby he can admit the certain allegations and obtain a Decree by consent.  But in such cases, there is a possibility that the Court may draw an inference that there is collusion and connivance between the parties and dismiss the Petition. It is thus asdvisable to wait for a year and obtain a MCD. 

However, under all circumstances, reach a legal soution to dissolve your marriage.  Kindly do not listen to the advice posted by other quacks in this thread.  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 February 2018

I am giving below the clause in The Arya Samaj Marriage Validation Act, 1937

. Marriage between Arya Samajists not to be invalid

Notwithstanding any provision of Hindu Law, usage or custom to the contrary no marriage contracted whether before or after the commencement of this Act between two persons being, at the time of the marriage Arya Samajists, shall be invalid or shall be deemed ever to have been invalid by reason only of the fact that the parties at any time belonged to different castes or different sub-castes of Hindus or that either or both of the parties at any time before the marriage belonged to a religion other than Hinduism

It clearly says "being, at the time of the marriage, Arya Samajists"  The two persons being Arya Samajists is important. There are also judgments invalidating marriage between non-Arya Samajists.  Please do not use words like non-sense against others in discussions here.

 

 


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


(Guest)

Ramani is correct for once. Once the couple get married in arya samaj, then they have to get the marraige registered with sub-registrar, unless that is done, marriage is joke marriage.  Converstion to arya samajis aslo important, then registerring with SDM is also importnat, failing which marriage is no marriage = joke marriage.


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