• Annulment

I got marry with my second cousin( my mother's cousin sisters daughter) before 10 months n we realised now there is no future for this marriage in society we hv never have phisical relationship as well we are not staying together since marriage we want to separate n marry with others is it possible to declare marriage null and void what shall I do plz help
Asked 8 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

wife can file petition in family court for declaration that marriage is bnull and void as you fall within prohibited degree of relationship

2) No declaration under sec 11 is necessary though same can be asked for, for the purpose of precaution or record.

3) it is better to obtain declaration from court that marriage is null and void

Ajay Sethi
Advocate, Mumbai
98518 Answers
8018 Consultations

1) if wife files for declaration that marriage is nullity and you dont oppose she would get declaration from court that marriage is null and void with 2 years

2)petition should contain averments mentioning that wife is second cousin to husband

3) examine some family members to prove the relation

Ajay Sethi
Advocate, Mumbai
98518 Answers
8018 Consultations

1. If both of you agree on dissolving the marriage then go for nullity of marriage

2. So file a suit for nullity on the ground of non consummation of marriage.

3.in the said suit your wife can appear and give consent for passing of decree on mutual consent.

4. if she agrees then there is no need to prove her consanguinity and go for non consummation of marriage.

Devajyoti Barman
Advocate, Kolkata
23511 Answers
530 Consultations

I got marry with my second cousin( my mother's cousin sisters daughter) before 10 months n we realised now there is no future for this marriage in society we hv never have phisical relationship as well we are not staying together since marriage we want to separate n marry with others is it possible to declare marriage null and void what shall I do

If this relationship comes under prohibitory relationship then you can file a petition to nullify the marriage on the same grounds seeking decree of nullity of marriage.

She may be asked not to protest or give any objection to the petition, the court will declare the marriage as null and void.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

We want to cancel marriage anyway we both are ready n is it our marriage comes under sapinda relationships we are second cousins we are not staying together since marriage also don't he physical relationship we are mentally not ready to go ahead with this relationship

In the annulment petition you can mention that you were not aware of the sapinda relationship, but came to know about this only after marriage hence seeking to nullify the marriage by a decree of nullity.

If the respondent is not objecting to this petition then the court may allow the petition and pass the decree as prayed for.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

Hw to prove court that she is my second cousin n generally how much time it will take for marriage show null and void

You do not have to prove the relationship between you and her by producing any documents before the court.

The pleadings explaining the relationship before the court shall be sufficient for establishing the sapinda relationship.

It will not take much time for the disposal of the case if she is not objecting or contesting the case.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer