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Kumar...... (occupation )     26 December 2017

How to deal with forced marriages

a woman has been married off against her wishes to another person, she lived with that person for sometime and now she ran away from the matrimony. how can such cases be dealt ? can the marriage be called off and declared void ?



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 20 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 December 2017

Sir,

 

Seek annulment of the marriage from the court of law , very much possible .... 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

R.Ramachandran (Advocate)     27 December 2017

1. If she was not willing for the marriage, she should not have undergone the marriage.  Having married, she has to go through the process of divorce according to law.

2. The question of calling off the marriage (which has already taken place) or declaring it void simply does not arise.

3. I do not know, under what provisions of law, Mr. Kapil Chandna, Advocate is suggesting to seek annulment of the marriage from court of law.  He should quote the legal provisions.

Kumar...... (occupation )     27 December 2017

any more responses ?

test123   27 December 2017

biggest blunder every girls says. she is forced into marriage.. aganist her wishes, emotional blackmail.

 

no one pointed a gun on her.

she needs to accept that she made a stupid mistake and she is about to cause way too many problem for her husband.

hope : MCD

reality : she will ask tooooo much money from her husband.

and yes.. she had s*xual releation now so no annulment. its only ugly divorce.

 

Vijay Raj Mahajan (Advocate)     28 December 2017

Annulment of marriage on the ground of force is easy to say but most difficult to prove.

The forcing an adult, grownup lady to sit in the marriage mandup in presence of number of visitors is most unbelievable story a lawyer will state for his client in the petition and will feel he is going to satisfy the Family Court to believe this story as if the presiding officer of the Family Court are small kid who are being told fairy tale in primary school.

The marriage is very much valid, not voidable under section 11 of the HMA on the ground of force as suggested.

The best course is to wait for 1 year to pass and file for divorce either jointly by mutual consent or by the wife on any available ground if that applies to facts and circumstance of her case.

If wife is seeking divorce, the husband will not mind agreeing to it if that is done without any demand of alimony by the wife as there is no child nor a long period marriage.

Kumar...... (occupation )     28 December 2017

i heard from the girl herslef that she was forced into the marriage and many times she ran away from the husbands house, even before the marriage was solmanised she dropped from the marriage without giving any reason. 

test123   28 December 2017

you will not get any relief just by saying force.

https://www.youtube.com/watch?v=XWmqMjLpZv8 

you need to explain in detail how she was in force to get married.

if you can not explain how she was got forced into marriage. then court will not accept annulment ground.

running away from home doesnt mean anything.  court wants to know how the forced was applied.

she needs to accept she made a mistak and go with MCD. other divorce options will be ugly and will take several years coming out this marriage.

you need to understand 2 things.

divorce --> S*x is done and divorce is the option

Annulment --> no s*x ever performed.

on annulment its much easier to get next life partner. most likely she will find unmarried husband.

divorce is bit difficult to find next life partner. mostly she will find divorcee husband.

 

Sudhir Kumar, Advocate (Advocate)     29 December 2017

what is the cfase and how are you copnnected?

Sankaranarayanan (Advocate)     29 December 2017

What is your role in this query as asked by Mr.Sudhir?

 

Kumar...... (occupation )     30 December 2017

sir does it concern anyone who is related to whom and how and how long and etc ???? am a well wisher of both families..its better to concentrate on bigger problem we have in the society,institutuion of marriage has lost its value !

Kumar...... (occupation )     01 January 2018

you got time to ask who is related to whom ? but no time to respond to the queriest ?

Sudhir Kumar, Advocate (Advocate)     01 January 2018

Originally posted by : Kumar......
sir does it concern anyone who is related to whom and how and how long and etc ???? am a well wisher of both families..its better to concentrate on bigger problem we have in the society,institutuion of marriage has lost its value !

 

SWell wisher?

 

Seeking advise to break marriage created by family?

Adv Radhika Mehta (Advocate)     16 February 2018

The only solution in such a situation is to wait for a period of a year and then either file a MCD Petition if the husband is agreeing or to apply for a Decree of Divorce from the Court, the chances of which are less as the couple stayed together for few days. 

As far as annulment on the ground of force is concerned, from what it appears from your query, the girl was forced into the marriage by her parents and not her husband.  In such a case, annulment cannot be granted on the ground of force. The force or fraud has to be there from the side of the husband.  

Kumar...... (occupation )     17 February 2018

Originally posted by : Adv Radhika Mehta
The only solution in such a situation is to wait for a period of a year and then either file a MCD Petition if the husband is agreeing or to apply for a Decree of Divorce from the Court, the chances of which are less as the couple stayed together for few days. 

As far as annulment on the ground of force is concerned, from what it appears from your query, the girl was forced into the marriage by her parents and not her husband.  In such a case, annulment cannot be granted on the ground of force. The force or fraud has to be there from the side of the husband.  

 

the girls previous marriage was also forced on her. 


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