• Is marriage voidable or should go for divorce?

Me and my wife registered the marriage in registrar's office without any actual marriage solemnized. After registration we never lived together and after 3 days I went to abroad. Now after one and half years I found out she only married me to come abroad and not willing to give me divorce. She already landed here to Canada. Can I file for annulment or void a marriage in India based on the fact that no Hindu rites or ceremonies were performed and marriage was never consummated? Or should I take a divorce in abroad and the same will be valid in India too?
Asked 2 years ago in Family Law from Canada
Religion: Hindu
1) why has marriage not been consummated? your query lacks material details . 
2) how can you register marriage if no marriage has been solemnised ? 

3) you must have filed in application form and stated on oath that your marriage was solemnised . it appears false statement has been made on oath by you and your wife . 

4)you have not mentioned when your marriage was registered? has period of 1 year passed since date of marriage mentioned in registration application ?

5) you cant file for anullment after period of 1 year of alleged marriage . 


6) please clarify queries raised for further guidance
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Well your marriage is very much valid and legal. 
2. if the marriage is registered under relevant ct then the same is very much valid even if no Hindu rites and customs are performed.
3. in that event you have to file a suit for divorce which you can do India or even abroad.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You have landed yourself in a quandry. You and your wife can be prosecuted and sentenced to imprisonment for furnishing, at the time of applying for marriage registration, false information to the effect that you are married. So if you now apply for annulment on the ground that the marriage was not solemnized, it will be a declaration of your own guilt.

2.  You may separate by filing for mutual consent divorce in India. If your wife does not agree to mutual divorce then consult a lawyer personally to dig a ground on which you may unilaterally apply for divorce as your query does not disclose any ground available to you on which you may on your own accord file for divorce. 

3. Since you have registered a marriage which never took place your wife has all the rights which a legally wedded wife is entitled to under the framework of Indian law.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, as the marriage is solemnized as per the law so marriage is valid and it is very difficult to prove that the marriage is  not consummated.

(2) You can file a petition on the ground of cruelty on the ground of refusal to have sex and it is one of the good ground for divorce.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. What are your grounds for seeking a decree of divorce?

2. Wanting to go to Canada and not willing to give you Divorce can not be a valid ground for seeking a Decree of Divorce,

3. You have registered your marriage as per law. Conducting a marriage ceremony is mandatory for marrage,

4. What is tye reason for not consumating the marriage? Was it for her unwillingness?

5. You can apply for and get a Divorce in Canada very easily even the 'No-Fault' Divorce but the said decree of divorce obtained from Canadian Court will not be valid in India unless the divorce has been obteined on grounds acceptable as per India law.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. The acts of her described by you are no ground for seeking a decree of divorce as per law,

2. In fact you should inform us the grounds based on which you are seeking divorce to take our advice and not the otherway round,

3. If there is no ground found by you which are acceptable by india law, then why should you divorce her?

4. She can file harassment case against you for dowry in India,

5. Better talk to her amicably and go for mutual consent divorce,

6. If you are hell bent in divorcing her, then file a divorce petition before Canadian Court and get the decree and also beprepared for retaliatory cases to be filed by her in India for which you might have to go through lengthy litigation process.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Annulment is out of question. You have registered the marriage which was never performed. If you apply for annulment on the ground that no marriage was performed according to Hindu rituals the basic question that would arise is why was the marriage registered in the first place. 

2. You can register a marriage only if it has been solemnized. In your case no marriage was solemnized in accordance with Hindu rites and rituals. By applying for registration of marriage you and your wife have made yourself amenable to prosecution for furnishing false information.

3. The best way for you is to file for mutual consent divorce in India.

4. If mutual divorce does not come through then you may unilaterally apply for divorce on any of the grounds available to you. The grounds of divorce are adultery, cruelty, desertion and incurable disease of the spouse. None of these grounds is available to you.

5. You may apply for divorce in Canada if your wife comes on board for ''no fault divorce'' which is similar to mutual consent divorce in India. However, the divorce granted by the Canadian court can be challenged in and derecognized by an Indian court. Notwithstanding the divorce granted by the Canadian court your wife may avail her remedies under the Indian law.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Hi, you can file a petition for divorce on the ground of desertion as far as desertion 2 years of separation is compulsory.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) marriage has been registered in June 2013 . you cant apply for annulment of marriage now . application for annulment has to be made within period of one year 

2) you cannot now take the plea that no marriage has taken place and registration certificate is false . it would land you in more problems . you can be prosecuted for making false statements 

3) your best option now is to file for divorce in canada . if your wife does not participate in divorce proceedings she can challenge divorce decree in  India . 

4) in the alternative file for divorce in india wherein your marriage was solemnised and registered .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Querist
you may file a annulment petition before family court in India based on the ground as mentioned in Hindu Marriage Act. as section 5 said
5 Conditions for a Hindu marriage. ?A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:?
(i) neither party has a spouse living at the time of the marriage;
2 [(ii) at the time of the marriage, neither party?
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 3 [***];]
(iii) the bridegroom has completed the age of 4 [twenty-one years] and the bride, the age of 5 [eighteen years] at the time of the marriage;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
6 [***]
(i) A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnised between two Hindus; M. Vijayakumari v. K. Devabalan, AIR 2003 Ker 363.
(ii) To draw an inference merely from the fact that the spouses had no co-habitation for a short period of about a month, is neither reasonable nor permissible. To brand the wife as unfit for marriage and procreation of children on account of the mental disorder, it needs to be established that the ailment suffered by her is of such a kind or such an extent that it is impossible for her to lead a normal married life; R. Lakshmi Narayan v. Santhi, AIR 2001 SC 2110. 
or Canada if she is also in Canada. if she is in india then she may challenge the decree passed by Canadian court
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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