Niraj (Audit) 14 September 2012

Please help - annulment of marriage

Dear All,

I got engaged on 20 December 2011 and i register my marriage on 22 December 2011 just to get the passport of my fiance early so that

i can apply for visa as i am staying in Dubai and wanted to bring her with me directly after we do marriage with all hindu rituals. My

marriage is registered under Gujarat Registration of Marriages Act, 2006. However, afterwords i came to know that girl is

already having an affair and now i want to move out of it, though i dont have any proof for it but i know she had. Moreover, she had affair in

the past before our engagement and i have proof of it and she agreed for that.

Now girl's family is threating me to get married with her. So, whether my case is eligible for annulement?? What is the best possible

way to come out of it assuming that people from girl side will not agree. Also, what steps they can take against me. We have not

performed any Saptapadi or any rituals which are required to complete the marriage. Also, we never did Sex . I just registered

the marriage by giving wrong details in marriage form. Please help....

Thanks in Advance!! God bless you all...

Reply Follow

4 Replies

Anish Thakur 7018812737 (advocate) 14 September 2012

dear querist,

once you have registered your marriage it means you are legally wedded husband and wife, they can file dowry ,domestic voilence, maintenance case against you ,in short she have all remedies available as your wife ,so better try to go through arbritation or councilition to solve your dispute.consult some local lawyer as many facts have to be seen before reaching any particular advise.

stanley (Freedom) 14 September 2012

I agree with Mr Anish and also beware of 498a.

Niraj (Audit) 14 September 2012

Dear Anish/Stanley,

As you people know my marriage is registered under Gujarat Marriage Registration Act. But, i read following in hindu

marriage Act. I have highlighted the text which might be relevant in my case. Can you please check it and advise me.

8- REGISTRATION OF HINDU MARRIAGE

There are some mode for registration-

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage, may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub section(1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars refereed to in sub-section (1)shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

COMMENTS

The mere fact that marriage has been registered would not convert an invalid marriage into valid one. In the case of an invalid marriage which has been registered a suit for declaration of marriage as invalid is maintainable.-Krishan Paul v.Ashok Kumar Paul 1982 HLR478

stanley (Freedom) 14 September 2012

When you registered under the Gujarat registration act of marriage act 2006 it means you are married . I dont understand why the girls side is mentioning this point or as you say they are forcing you to get married .....lol .You can file for Mutual consent Divorce if she is ready for it or you can file for just Divorce and contest it but it would take years .Google for gounds of Divorce and see what are the grounds which suits you better .

The steps they can take against you

1. They would file for maintanence . And if your wife is working she would not get maintanence .

2. A DV case is another option where she can come and park herself at your place and she can seek a protection order where you cant throw her out .

3. A false Dowry case 498A .Where you may land up in jail for a night and next day seek Bail .

The steps you can take while you are in Dubai till than .

1. Get into a live in relation ship over there and enjoy as they do not have laws like DV act or 498 A . Catch hold of a Philipino /Russian / chinese female as they are in abudance in dubai so even if you land up in india these nationalites cant files any cases against you in india as they would go back to their counrty after a few yrs .