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Mukesh (MM)     22 November 2012

How to annulled marriage which is registered in court ?

I and my brother living in Delhi and My cousin brother get maraied forcefully by his girl's freind parents in court without any inform his parents or freinds 2 months ago

Now How can be annulled registered marraige , any time period for that. My brothers not have marraige certificate.

What is process, please help 

 

 how can he get duplicate certificate  so my brother can file for cancel registration. 



Learning

 7 Replies

Tajobsindia (Senior Partner )     22 November 2012

1. First hire via reference locally an Advocate.

2. If you say your brother got forcefully married 2 months ago in some Court then he must know the location of the Court. Go there and apply for True Certified Copy of the Court Marriage Certificate at Certifying Agency Office by filing necessary form.

3. It should be filed within 1 year. Your brother has valid ground for annulment as per Hindu Law.
 

stanley (Freedom)     22 November 2012

@ Tajobs ...All said and done in obtaining certified true copy of the marriage which took place 2 months ago .

What would be grounds for Divorce in case he files for it ( forcefull Marriage amounts to cruelty ) and secondly opp counsel may argue that he was not a minor to get forcefully Married . Divorce is normally granted after completing one year of marriage under the grounds laid out . So i presume only after a year he would have to  file for Divorce ....am i right . 

 

Chetan Joshi (Advisory/Advocacy)     22 November 2012

Mukesh....

 

 

Get the certified copies as suggested be Tajobs....File an annulment petiton....And you are set.....

 

 

Next time inform the police if someone tries to get you married forcefully....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Tajobsindia (Senior Partner )     22 November 2012

@ Stanley,

 

Interesting question; well brother shri kindly self help reading S. 5 HMA.

 

The conditions of marriage are specified in S. 5 of the Hindu Marriage Act. The act expressively prohibits polygamy by stipulating that a Hindu marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage; The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy so on so forth............thus he can atleast start the process i.e. proceed on annulment without waiting for 1 year as he is seeking annulment not divorce.

While filing for an annulment, it must be noted that at least one of the spouses has been a resident in that jurisdiction for a period of 90 days to apply for an annulment under that very jurisdiction.

PS.:
Here (actually parents not informed is not ground for annulment) hence the petition writers skills will come handy r/w above underline in this case is my blunt guess 
J

1 Like

stanley (Freedom)     22 November 2012

@ Tajobs got your point on the time period ....and the grounds for annulment 

 

Bigamy - either party was already married to another person at the time of the marriage

 

Forced Consent - one of the spouses was forced or threatened into marriage and only entered into it under duress

 

Fraud - one of the spouses agreed to the marriage based on the lies or misrepresentation of the other

 

Marriage Prohibited By Law - marriage between parties that based on their familial relationship is considered incestuous

 

Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of the marriage

 

Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent

 

Inability to Consummate Marriage - either spouse was physically incapable of having s*xual relations or impotent during the marriage

 

Underage Marriage - either spouse was too young to enter into marriage without parental consent or court approval

Mukesh (MM)     22 November 2012

Thanks for all for yours valuable advice to me to help my brother.

Soem questions are still in mind and need your's advice on those also 

  1. What is procedure to get certified true copy of the marriage? hire advocate for this work or can be do by self.
  2. is it compulsary to take this by my brother only or can i get copy give request in office by me? 
  3. When i get copy of certificate then what documents need to File an annulment petiton, can you describe procedure for that because i have only 10 days left ,you said that 90 days time limit after registration and my brother's marraige was in August month in this year  
  4. What possible action take by Girl's parent if i file  an annulment petiton

ANAMIKA VICHARE (LAWYER)     24 November 2012

You can file for annulment of marriage u/s.11 of HMA if you are Hindu,if you do not have certificate no problem but you can file affidavit to that effect and when the other party comes, she will definfitlely admit about the marraige she can be called upon to produce the certificatf eof marraige...

 

you have to prove then your consent was no consent at all

 

anamika_vichare@rediffmail.com


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