Shiloh (nil) 20 February 2011

Mutual consent Divorce

HI ,

We arranged a marriage for my sister who was in US with a guy living in australia.They both came down to india for the engagement.After the engagement the guy convinced us to get the registered marriage (in christianity) for the sake of getting the visa only.This happened on July 20,2010 and my sister left back to US and he left to australia.

once they received the marriage certificate his total family's behaviour was changed.Started to doubt my sister and didn't allow her to mingle or talk freely with any family member or friends.my sister was in this torture for 4 months and didn't tell us anything.Their social marriage was earlier fixed on march,2011.She came to india in december & cried not to get her married to that guy.We have stopped the marriage and they also ageerd for mutual consent. Now my question is,

1. is there any way to make this marriage invalid?

2.Can we file the petition immediately?

3.How long it takes for the divorce?

please advice.

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1 Replies

Damayanti (Unemployed) 21 February 2011

This marriage may not come under indian divorce act

But it comes under special marriage act,

Read section4 a,b,c which is required to be fulfilled otherwise marriage is made void.

Marriage can be declared 'void' if both parties declare that both were lunatic (one definition is 'unpredictable') and although they solemnised marriage it just on paper it wasn't consumated.

Without putting blame on other just declare themselves as foolish, childish and unpredictable... and get the registration as 'void'

Anyways there hasbeen no ceremony, exchange of anything

I am not sure ...but it may not amount to fraud on marriage registrar if they bth declare themselves as foolish (lunatic)