• Marriage annulment

Sir, my home district is mau, up and my wife's home district is Ghazipur, up.i got married on 11/05/2017. My younger brother had affair with my wife. One day he went my wife's parents home, where her brothers caught him with my wife. They forced him to marry with my wife. My wife's brothers took away her and my brother to ghaziabad, where my wife and my brother got married in Arya samaj mandir on 17/10/2017 with the help of my wife's brothers. My wife's brothers were withness of this marriage.Since my wife is not divorced from me, so this marriage is void.Now, i and my brother want annulment of this bigamou marriage.(an annulment certificate of this marriage). I want to know that where, how and in howmany days this annulment process will be done. I mean at Mau/ghazipur or in Ghaziabad or in any district court.Thanks alot.
Asked 8 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

1. She was legally married to you for which you can not claim annulment of your marriage. You shall have to file a divorce suit against her on the ground of cruelty i.e. by marrying and having physical relationship with your brother out of her wedlock.

2. Your brother can file an annulment petition on the ground that he has been forced by her and her brothers to marry him when she was already married to you.

3. It will be easy for both of you to get the annulment and divorce decrees in the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

The case can be filed at the place where marriage took place thatvis at Gaziabad.

It will take 6 months to get an annulment order.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Respected sir

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void ...You have to file a petition under section 13-A of HMA for divorce and it will be done within an year or year and half ...But as per me first you have to punish them for there conduct else upto you...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1. Your case is expected to be disposed of very fast since you have all the evidence of her marrying another person during her wedlock.

2. Though time to be taken by the Court can not be predicted, it might take 1 to 1/2 year to be disposed of.

3. Your brother shall have to file the petition for annulment of his marriage with your wife which is void at law.

4. Engage a local lawyer having expertise in this field to deal with your matters.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Hi, the annulment of marriage can be filed at your district by your brother .. You should file divorce on the grounds of cruelty and comitting adultery with your brother ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hi

If your brother wants to get the marriage nullified then he can file petition under section 12 of HMA for annulment of marriage.

On that ground that your wife married someone else already being married to you , you can file for divorce.

Also you can file a complaint under section 494IPC against your wife to make Your divorce petition stronger.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Your brother should file petition for anullment in Ghaziabad where marriage was solemnised or at Ghazipur where he stayed with your wife

2) second marriage during subsistence of earlier marriage is void

Ajay Sethi
Advocate, Mumbai
100010 Answers
8163 Consultations

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) you can file for divorce on grounds of mental cruelty and adultery

3) wife having extramarital affair amounts to mental cruelty

4) you should make your brother co respondent in divorce case

Ajay Sethi
Advocate, Mumbai
100010 Answers
8163 Consultations

Annulment will be done by the family court. When the evidence of these kinds are for the annulment this do not take longer time depending upon the dates given by the family court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. The marriage of your wife to your brother is illegal. Both of them are liable to face criminal prosecution for the offence of bigamy under section 494 IPC.

2. Your wife can file a petition for annulment under Section 12 of Hindu Marriage Act to seek a declaration of nullity of the marriage. It can be filed in Mau or Ghazipur.

3. If you wish, you may also file a petition for divorce on the ground of cruelty against your spouse. It may take at least 2 years for the case to be decided in the court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

This marriage is white under Section 5 and 6 and 7 of the Hindu Marriage Act. You should immediately file a petition before the family court under Section 11 of the Hindu Marriage Act for annulment of this marriage. She is your legally wedded wife and brothers of your wife have committed offence punishable under section 107/494 of the Indian Penal Code by compelling your wife to solemnize marriage with her brother-in-law. You should immediately file a complaint under section 200 of the code of criminal procedure before the magistrate for the offence punishable under section 107/494 of the Indian Penal Code against brothers of your wife.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

This marriage is null and void right from the beginning therefore no need to produce any further evidence. Only your statement and statement of your wife is sufficient to get decree from the court under Section 11 of the Hindu Marriage Act. You should make your brother as dependent and record the statement that this second marriage has been solemnized under duress of the accused. Then the court will decree in your favour and the court will take hardly 2  months to pass such decree.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Annulment will have to be filed by your brother at Ghaziabad.

Obtaining decree of annulment will take about an year.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

You may apply and contest divorce against your wife by way of preferring a divorce petition under section 13(1) of the HMA.

This divorce case has to be preferred before the Family Court.

For Annulment, your brother will have to file a petition seeking a decree of nullity.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

Your brother need to file annulment petition at Ghazipur and it will take around 3-4 years to get the disposed of and you need to file divorce petition on the ground of cruelty, it will take around 3-4 years to get the disposed of.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Since this is a bigamy, you first file a complaint for the offence of bigamy.

As you say that this marriage was forced on your brother, he can initiate steps to file annulment of marriage since she is married and this marriage took place without dissolution of the previous marriage, this one is null and void.

He can file the annulment case in Ghaziabad itself where the marriage is reported to have taken place

T Kalaiselvan
Advocate, Vellore
90212 Answers
2507 Consultations

ell me in howmany days i can take divorce on the ground of cruelty i.e by remarrying and having physical relationship with my brother out of her wedlock. What is process for annulment by brother?

You can file a contested divorce cae on the grounds of adultery

Your brother can file a case to declare his marriage with as null and void

The time taken for disposal of both the cases may take years and not days.

T Kalaiselvan
Advocate, Vellore
90212 Answers
2507 Consultations

Ghajiabad dist. Court. Mutual divorce how many days can not say by any body

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Ask a Lawyer

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