VIJAYAKUMAR (Engg) 19 April 2015

Cancel or void or divorce the marriage

Hi All,

I was married (first cousin) to uncle’s daughter on last December, 2014 with few family member presence at register office per Hindu Act. I would say this was happened to me due to family forcing me to marry uncle daughter for long time and I said “no “all the times and finally, I agreed to do as family emotional black mail. (My uncle was really a good person as he was the one who helped me from the childhood (after my father passed away) and I feel like he was father in good sense because he did everything whatever he could for me. We haven’t been staying together from the day one marriage. I live aboard and she lives in Chennai for her final year studies and families is planning to have our wedding next year. The reason I don’t want to marry my uncle daughter was that I didn’t get any feeling toward to her. This might be as we grow together from her day one in the world. I was lived in my uncle family while up to 5^th standard and I was living in neighbor house for up to my 25 years. I use to go uncle home every day and have normal chat with my cousin and I never had any feeling of future wife or etc... Also, I am afraid that the future babies between as close relatives marriage will affect the baby’s health. ( My uncle had 4 kids out of 2 boys who born and died for heart hole problem and I suspect that because of, he married to his sister’s daughter )

1) Is this marriage can be cancelled based on first cousin’s marriage because, I don’t feel that I will treat her as wife in my life.

2) If I can void or cancel the marriage happened between us, how should I approach the paper work.( please provide me the procedure )

3) Do I have to pay any money to her?

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11 Replies

saravanan s (legal advisor) 19 April 2015

you can file a case for annulment of marriage under hma on grounds of marriage being done by force but the petition has to be presented within a year of your marriage

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 19 April 2015

Sir, You mean to say she is your paternal grandfather's daughter na ? Warm Regards Kapil Chandna Adv 9899011450

(Guest)

Saranawasan ji

People contact us that we shall show them the way, as they have sort of faith in us.

1. Marriage is yet to happen.

2. It is not going to happen under force.

3. He says if it will be due to the love imotions n care of her uncle or his family.

4. He feel due to which he could not refuse.

Now he ask for solution............

Is it right solution talking about court litigation.....please........

we people being lawyers intellectual too as people treat us.

The alternate advise can also be given at this stage.

Hasan/delhi

(Guest)

Sorry Srinawasan ji

my posted reply was for some other query which was posted here by mistake.

thanks

hasan

Adv. Chandrasekhar (Advocate) 19 April 2015

By your query, it is not known whether the marriage happened or yet to happen. If it has already solemnized, then first consider the following points:

1. In Hindu Law, such marriages are prohibited as sapinda relationship. But, if such marriages are accepted as custom prevailing in those families, such marriages cannot become null and void, as suggested by Sh. Saravanan. It appears that such custom prevails in your families as your uncle also married in sapinda relationship.

2. What is the girl's views. Is she happy with the marriage or not? If she is also not happy, then ask for declaration of marriage as "null and void" by filing petition in the court. If she wants to continue this marriage, then she has to prove such custom is prevailing in their families and then the court will not declare the marriage null and void.

3. Even after that you want to snap relationship, then you have to file divorce case, by putting some false allegations against such innocent girl to get divorce decree. You should have thought about all those things, before you get married with the innocent girl.

(Guest)

Agee with adv chandrashekhar ji....

sansh (not working) 19 April 2015

Adv. Chandrashekarji By putting false allegations against an innocent girl he WILL get divorce decree?

VIJAYAKUMAR (Engg) 19 April 2015

Thank you for all your response,

@ Saravanan,

I am living in US, Can I file annulment of marriage case from here. If so, what’s the procedure?

Is nullfing marriage can be done by myself or she has to agree and sign any paper.

@Kapil,

Yes, Her and My grandfather are same.

@Chandrasekar,

We just registered our marriage with 10 people presence during my last visit to India. Family is planning to have big wedding next year April. We never had anything under one roof and we never been together single night.

The girl is fall in love with me last 2 years and I don’t have love towards her and I don’t have any such feeling so far from my childhood to 28 years of now, As my family forced me that (I said I don’t have feeling and all) it all will be fine at some point. So, I accepted to make my family happy but, I cannot imagine to have s*x life with one girl who is grow with me all of my life at the same home. Also, I came to know that recently they cast a spell on me (Vasiyam), which removed it.

I don’t want a false allegation towards her as she is like my family member as I have been live with their family during childhood to adult stage and still we are very good joint family. So, Can I file a case in court to nullify the marriage without her and our family?

As you mentioned it can’t be null or void if it is followed by custom, I don’t know, are there any written customs available to say that is acceptable. As, I believe people did what they believe is true.

Adv. Chandrasekhar (Advocate) 20 April 2015

@Sansh - It is possible in India by lying out of the teech, the errant party gets the relief what it wants.

@Vijaykumar- 1. It is a valid registered marriage and permitted by custom. 2. The courts will not declare such marriage void. 3. By your narration, you have no ground as per the prevailing law even to get divorce. The tempermental differences and your outlook towards her are not valid grounds to get divorce.

VIJAYAKUMAR (Engg) 20 April 2015

So, I don't have the way to come out this life?

Can I go Mutual Divorce? If so, How long it takes.? Can I do it from USA?

T. Kalaiselvan, Advocate (Advocate) 29 April 2015

First of all you should forget one thing called filing anything from US; this is not a joke nor it is binding on the other party since the marriage has taken place in India as per Indian laws and she never visited that country even once after the marriage so any decree that is obtained at US will not be valid and binding on her here in India.

If you did not want this to happen, you should have gathered courage to stop the event instead of spoiling an innocent girl's life and future. Now since the annulment of marriage is ruled out and there are no possibilities for filing a divorce case on the grounds of cruelty, the only option is to go for mutual consent divorce if she agrees to it and for that also the period of separation from the date of marriage should be one year or more. Talk to her and convince her or get convinced about the fact that you are married to her and for the sanctity of the marriage better opt for living a happy married life with by burying all the sentimental feelings or beliefs including psychological mind set.