I differ to opinion of @ Red. Even if she applies in US it will not be a valid Decree as per India Family Laws (S. 13 CPC) for a fact when current husband did not even visit UK and indulged in some sort of faith trickery and roped her in marriage does @ Red wants to tell us that her husband will go to USA and appear before US Country Court to make divorce valid in India! Nopes.
1. It is said fastest annulment can happen only via a Consent Decree. However saying I want all these to happen by Sept. is like racing without any other player on same track!
2. Suggest to talk to him if he also wants marriage annulled?
3. I noticed you mentioning the marriage happened in Jan.? It is not clear is it 2013 or 2012 Jan.? I take either or both years while suggesting remedy which is as below;
4. If he agrees then assuming parties marriage happened under SMA (Special Marriage Act, 1954) one can file joint petition under S. 28 SMA in Family Court to dissolve once marriage due to ‘exceptional circumstances, no s*x in marriage thus irretrievable breakdown of parties marriage and hardship they suffer’.
5. The Family Court will reject the joint motion citing 1 year living separate clause.
6. Approach State’s HC even though there is a limitation of one year in S. 28, S. 29 SMA grants the power to Courts to entertain the application in exceptional circumstances. Just on 2nd. May Kerala HC granted parties divorce using S. 14 HMA whose parallel in SMA is S. 29 SMA based on removing bar of limitation of 1 year living separate clause. [this para to be read with para 3]
7. According to S. 29, courts can grant divorce before the completion of one year's separation if the "case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
8. Above is the fastest way one can get divorce provided by tomorrow one hires a seasoned Advocate found via reference services and files joint petition in Family Court under whose jurisdiction parties resides.
9. I will not suggest using S. 25 SMA ‘fraud’ as ground as there are hiccups in reference to context such as only three grounds under fraud one can use under SMA. For the first ground ‘impotency’ of husband has to be shown. For the second ground it is solely dependent upon satisfaction of the Court and for third with its several sub-clauses coercion, fraud and cohabitation lack of any etc. after its discovery have to be shown which are all evidence law based and time consuming.
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CPC = Civil Procedure Code
SMA = Special Marriage Act
HMA = Hindu Marriage Act
S. = Section of the Act / Code
