• Separation

Im hindu by religion(female)bengali. my age is 26 i was forcefully tied into marriage by my parents and in laws on 19-06-17 by my hindu culture only...so far no legal registration or court marriage took place ...i want get rid of this marriage i want to separate and want to leave this marriage kindly pls help me at the best ...
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

If you were married as per hindu rites and rituals then there is no need for getting a marriage registration, that in itself is a valid marriage. I suggest you to kindly contact some close family members of yours and then file a case for divorce. As of now I can suggest you this only madam.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. The marriage by way of Hindu rites and customs makes your marriage evry much valid and binding on each other, mere non registration of marriage does not make the marriage invalid.

2.So to come out of this marriage legally you need to dissolve the same by way of decree of divorce.

3.Contested suit for divorce takes time and hence it is advisable that you go for mutual settlement by way of mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

File for anullment of marriage on grounds that you have been forced to marry against your wishes

2) application has to be filed within period of one year

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

You have to mention role of your parents in your anullment petition as they forced you to marry against your wishes

2) call police helpline for women

3) mention you are prisoner in your own matrimonial home

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Contact a local lawyer and file petition fir anullment of marriage at the earliest

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

A forced marriage is a violation of human rights, as well as a form of Gender Based Violence as it usually involves mental abuse, emotional blackmail and coercion from either the family or society. Many cases also involve physical violence, abduction, detention, threat of murder.

There are two ways to legally end a marriage – annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally,one of the spouses was forced or threatened into marriage and only entered into it under stress is one of the condition for declaring null and void.So in your case file a petition for annulment before family court/ District court.

You can can also file for domestic violence under the PWDV Act against your parents, brothers, other relatives wherein the Magistrate can pass ad interim order restraining the respondents from forced marriage, even give directions to the SHO of local Police station for providing complete protection to the woman in distress (you) and prevent your forced marriage.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Since you were married against your consent the only remedy for you under the legal framework is to file a petition for annulment on the ground that your consent to marriage was not a free consent. Prior to doing that, serve a lawyer's notice to your husband and also parents to assert that you married under coercion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

try to go for mutual consent divorce as per section 13(B) of Hindu Marriage Act-1955,

if not possible for Mutual Consent Divorce then you may file annulment petition before family court based on force U/s 12 of Hindu Marriage Act-1955 but your parents may be prosecuted for doing force.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You can file a petition for annulment of marriage since it was forced on you.

As per section 5, HMA, the marriage cannot be solemnised forcibly against your wishes and it is void marriage under section 11.

You can file a petition under section 12 seeking annulment.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

If you don't want to continue this marriage you can file a petition seeking annulment of marriage

This is the solution before you for the present.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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