Need sincere help of expert. My father is suffering from critical health condition and his life was in danger but he was not willing to give his consent for brain operation which doctors suggested as urgent need. Being an elder son, I am the next responsible person of family and so did all financial arrangements for operation and other expenses. Now my father put a condition of my marriage first before his operation!!!! I begged to my father to give his consent for operation as it is an urgent need and more wait add the more danger to his life!! Ultimately I had to give up and my marriage was decided with stranger about 10 yrs younger than me in a day!!! Rituals done but not fully I.e. the girl is at his father's home after formal rituals as we have to be at hospital with my father. Still my father is not convinced for operation and giving other excuses; however, now anyhow we will convince him. But here a big question is of my life!!! I don't want to be in this so called marriage, it's completely I don't want at all rather I prefer to be alone forever. Now I need your sincere help, how can I get out of this trouble?? Do we need formal divorce for this? marriage has not been registered tilnow and also I have not spent even a minute with a girl !!! Kindly help urgently
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1) non registration does not affect validity of marriage
2) if you have been forced to marry against your wishes you should file for annulment of marriage within period of one year of marriage
3) in the alternative since you have married the girl as per your parents wishes try to make your marriage work
You can apply for nullity of marriage. Annulment is a legal procedure for declaring a marriage null and void. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.
Conditions of the annulment of the marriage are:
1. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)
2. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.
3. it is mandatory to be filed within one year of the marriage or 1 year from the date when the fraud came into light.
The process of annulment is same as other case like divorce or RCR
If the saptpadhi i.e seven rounds before fire have been taken then marriage is complete. The only option for you now is to file a petition for annulment of marriage on the ground that your consent to marriage was obtained through undue influence by your father, but proving this in the court will be an uphill task. The better option for you is to convince your spouse to file for mutual consent divorce, but to file it you have to wait for the expiry of a year from the date of marriage.
1. you can get decree of annulment of marriage under section 12 hindu marrige act because your consent was taken by force or under duress.
2. section 5 of the said act says that consent of the parties must be free. when consent is not free, such marriage is called voidable marriage and it shall be annulled by the court when petition is filed within 1 year of marriage and parties had no sexual intercourse.
3. you have only one year to repudiate this marriage.
File an a annulment petition before family court under section 12 of hindu marriage act 1955 based on emotionally pressure used by your father for this marriage and due to his force and pressure this marriage was solemnized.
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Your father was concerned about your future life and therefore he put a condition before the surgery that you get married and then he will give his consent. Being an adult you have given your consent for the marriage, based on this the marriage ceremony has also been fulfilled and in society you both are husband and wife. Marriage may be performed in a hurry, but divorce takes time and cannot be obtained just as fast.
The marriage may not have been consumated till now, as you sent away the girl to her parental home. After one year on the ground of non-consumation of marriage you can file for divorce. If the girl is willing you can file for mutual consent. But for this also you will need to wait for 1 year.
1. You have agreed to marry and have married the said girl.
2. There are grounds stipulated in the Act based on which one can seek the decree of divorce and the reason stated by you is not at all a legally acceptable ground for divorcing your innocent wife.
3. Your marriage is complete with the completion of religious customs and rites.
4. You can negotiate with your wife to jointly file a mutual consent divorce petition after compensating her after completion of one year of your marriage which will be disposed of within 6 & 1/2 months fro the date of its filing.
There is no reason for divorce which can be seen from your contents.
If you feel that this marriage has been forced on you and was under any compulsion, you may file a petition to annul the marriage on the same reasons.
You cannot file a divorce case within one year from the date of marriage.
