Anullment proposal

The remedy lies to you under section 12 (1)(c) of Hindu Marriage Act saying that you are forced to go by marriage and force was put by your mother.  In the witness box, if she comes and accepts that she used undue force to get your concent, you would get annulment. 

 Dear,

Yes can file a petition u/s 12 for the annulment of marriage. `

Adv Kapil Chandna

9899011450

You cannot file petition for Nullity u/s.12[1][c].   No body has cheated you.  For claiming Nullity u/s.12[1][c] i.e. consent was obtained by fraud or cheating.  Your story does not fall within the ambit of s.12[1][c] of Hindu Marriage Act.  In fact, it does not even fall u/s.12[1][a] i.e. non-consummation as your marriage is not consummated.   It is not consummated ..not owing to the impotency of your spouse but because of you as you were not willing to get married.   You are major matured, life time decision, you are depending on your mother.   You yourself said to yr spouse prior to marriage that you were not willing but for your mother.   Now you have to accept.  You have only one chance of mutual consent u/s.13B  that you can file after 1 year of separation only.

But very very rare chance of filing Petition u/s.11 i.e. Annulment of marriage i.e. void marriage ab initio, means the marriage could be voidable right from the beginning, read with s.5 of Hindu Marriage Act.  Valid consent..  Consent obtained by force is no consent.   But you have to prove that you had no consent and that you had informed your wife so....

Anamika Vichare

Advocate Family Court, Bandra, Mumbai

Purush Hakka Saurakshan Samittee