• Divorce or annulment of marriage within a year

I married a girl in feb 2016 in arya samaj mandir without the consent of either of parents.She had pressurised me to get married that day or otherwise she would commit suicide or frame rape charges against me.I got afraid and married her.we have been staying in different cities owing to my job and I had constantly wanted to stay away from her.now she is pressurising to stay together

She is not ready to l divorce me...can I file for annulment of marriage or a contested divorce?

I have a flat in my name...she knows about it..home loan is going on the property..can she claim stake in that flat?
Can I gift the flat to my mother and pay the emis thereafter on my own?
Can she claim in my ancestral property?

I am a govt. Employee...I have declared myself unmarried at the time of joining,which is untrue.....can this declaration render me dismissed from the service?

What if my father disowns me?

I cannot and do not want to stay with her for whole life as she is too much demanding and she wants me to stay away from my parents.
Thanks in advance
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1)you can file for annulment of marriage on grounds that you were forced to marry her against your wishes as wife threatened to commit suicide if you did not marry her

2)wife has right to stay in flat owned by you . she cannot claim ownership rights on said flat

3) you can gift flat to your mother with consent of bank . transfer emi money to mother account

4) wife has no share in your ancestral property

5) you would be liable for disciplinary action if false statement was made by you at time of joining govt service

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1)if your wife contests annulment proceedings it would take some years for your petition to be disposed of

2) you have to prove allegations that you were forced to marry against your wishes

3) contested divorce takes around 5 years

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. A person can file a divorce or annulment petition on grounds acceptable by the law.

2. Filing such applications with no legal grounds or evidence will not yield any result.

3. You can file a divorce suit on the ground of cruelty but it will be difficult for you to prove her cruelty since you two never stayed together.

4. Negotiate with her to file a mutual consent divorce petition after paying her some amount towards compensation.

5. If you do not settle the matter now, she can claim maintenance from you.

6. She will have no claim on your or your parents property during your life time.

7. There is no need for your parents to disown you or your gifting the property which belonged to you to your mother.

8. You are exposed to the risk of being dismissed from the service for giving false information about your matrimonial status.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. You were supposed to lodge a police complaint if you were illegally forced by your present wife for marrying you.

2.It will be difficult for getting relief by filing annulment petition.

3. You can file divorce petition to be contested by her after completion of one year of your marriage and it may take 2 to 6 years to be disposed of.

4. You can file MCD petition after completion of one year of your marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If you file for annulment you will have to prove that your consent to marriage was obtained under coercion which will be next to impossible unless you have some recorded conversation or an email from her.

2. You are free to execute a gift deed of your flat in your mother's favour. However, if the property is still under mortgage then permission of bank is required to execute the gift deed as there is a charge created on the property in favour of the bank.

3. Whether it is contested divorce or annulment you have to prove your allegations. It may take around 2 years i the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She is not ready to l divorce me...can I file for annulment of marriage or a contested divorce?

If you can establish that you were forced to marry her against your wishes and that you cannot continue with this married life which was thrust on you by using blackmail tactics etc, you n file a petition to annul the marriage by a decree of nullity.

I have a flat in my name...she knows about it..home loan is going on the property..can she claim stake in that flat?

No she cannot stake any claim in it as a right.

Can I gift the flat to my mother and pay the emis thereafter on my own?

Yes, you can do it there is no legal infirmity in it.

Can she claim in my ancestral property?

No she has no right in it.

I am a govt. Employee...I have declared myself unmarried at the time of joining,which is untrue.....can this declaration render me dismissed from the service?

There is no such thing that the marriage shall affect your employment.

What if my father disowns me

There is no legal term called father or anyone disowning their relationship hence it makes no difference.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Sir,I have lost the phone in which her threats were recorded....but she had made similar threats in front of my friends as well earlier...

The phone calls or threats by phone cannot be taken as admissible evidence in court.

How difficult it would be to file annulment on forceful grounds....how much time it will take ?

The time take for disposal of such cases cannot be predicted, you can file the same at once before one year period is completed.

Can I file contested divorce and within how much time?

You can do it but it shall be after one year from the date of marriage.

How much time it will take for separation in both the cases?

No prediction can be made on this.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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