• Marriage nullity

Hi...my name is poonam..i worked in delhi... basically am from mp.bcoz of job i stay in delhi. i was dating a boy since 2016...after some month i realised he is not good fir me...he drunk some much also he us suffering from hepatitis b(sexully transmitted disease)But regularly he drinking n smoking......after few month he is frocing for marriage....i dnt want i just want time he is financially not stable ...i earn more than him.he always use my money also.

I always told him firstly get stable .....thn talk to fmly then decided we also are other caste he is bramhin am rajpoot..... 
he is emotional touchy type always weeping....if keep some distance he starts drama....over drinking.. hurting himself....i couldnt tell to my fmly bcoz that i lost my cousin he is just 27...my whole family suffering .
That time i couldn't decide what will i do ....he is forcing for marriage always i ingored but one day he say outing and went to court ....whn i reached there i refused to marriage.....they threaten me if i not do...he will kill himself.....we do court marriage....in Ghaziabad court. .. firstly arya samaj thn resister the marriage in Ghaziabad resistar offc...24-04-017

I did it but frocefully i decide i will kill myself....after marriage we not stay in on roof he stay in his home me my..... He said he will cancel the marriage.....he did mistake.

After whn i told to fmly he refused and asked 5lakh for cancellation.....

Thn i leaved the delhi come back my hometown...

Note... Arya smaj mandir where marriage held they issue the certificate....on behalf of that certificate my marriage resister.but  That organisation is not having athourity to issue any certificate....also organisation is also not affiliated from lakhnow arya samaj head office.I get proper proofs from arya samaj head office.

Now i want to know how i void this marriage.bcoz i will not stay with him...i dnt want give any penny to him.
Asked 2 years ago in Civil Law from Bhopal, Delhi

Seek a decree of annulment of marriage on the ground that you were forced to give your consent for this marriage.

This suit for annulment has to be filed within one year of marriage.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Hello,

In my advise nullity is not a good option for your case, as though may be the Arya Samaj Mandir was not competent to give certificate but all the rites and rituals of the Hindu Marriage has been performed. Be that as it may, if you will file a case of nullity you will complicate the things; though you have the liberty to file a case for nullity because your consent was taken under force.

I would advise you to file a divorce or go for mutual consent, you may also file FIR against your husband.

Regards

Anilesh Tewari
Advocate, New Delhi
17257 Answers
266 Consultations

5.0 on 5.0

1) file for annullment of marriage on grounds of coercion

2) take the plea that you were forced to marry the boy as he threatened to kill himself if you did not marry him

3) mention that after marriage you have not resided with him

4) he suppressed fact that he suffering from sexually transmitted disease

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

then you may just go ahead and file a suit for nullity. Additionally you may file an FIR against the said person to create pressure so that he agrees for mutual divorce, it is you who is entitled to alimony in this case.

Let me know if I can be of any help.

Regards

Anilesh Tewari
Advocate, New Delhi
17257 Answers
266 Consultations

5.0 on 5.0

Under the Hindu Marriage Act, a marriage must be performed as per the ceremonies, rites and rituals by either of the parties. A Hindu Marriage without rituals is invalid. File a suit for declaration seeking invalidity of your marriage.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

I have already advised you to file petition for anullment of marriage on grounds of coercion

2) it can be filed within period of one year

3) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

4) no need to pay him Rs 5 lakhs

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Since this marriage was forced on you and against your wishes and also it was solemnised on the threats of suicide by the boy, and moreover you both are not living together ever since marriage and the same was not consummated, you may file a petition seeking to annul the marriage.

As the marriage has been registered you cannot ignore the fact of marriage hence at this stage you can file a petition under section 12 of HMA seeking to annul the marriage by a decree of nullity.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Dont pay him any money as he demands.You can lodge a criminal complaint against him for demanding dowry on the basis of this forced marriage before the local police station in Delhi.

You can also file the annulment petition either in Delhi or at Bhopal, the place where you currently reside..

Consult a local lawyer and proceed on all such further issues on his suggestions.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

See, you are in trap, you have not only perform marriage in arya mandir but also got it registered , in that case you are a married person and there is no shortcut, if any one is assuring any thing then that's also false, you are in a trap and if you want to came out of it than lodged a complaint for domestic violence than your hand will be the upper hand to negotiate to take mutual divorce. Because it will be vary hard to proof that your marrage was performed forcefully ,

Amit Kumar
Advocate, Delhi
4 Answers

4.0 on 5.0

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