• Annulment of a forced marriage

Dear all,

Greetings, Thank you in advance for your time and consideration in reading this question.

I am a 27 year old graduate working abroad and I have registered my marriage to a girl a month ago against my will. I did not want to do this but I was emotionally blackmailed by my parents for months into saying yes, I have now revealed this to the girl and she wants to end this but not via a divorce (as she will be a divorcee) but rather by annulment of marriage under section 12 so as to preserve her 'single' marital status. This has created a huge problem in our families and my whole life is chaotic at the moment.

When I approached a local lawyer for asking advice they told me that it is impossible and annulment will never happen (though he did not state any reasons and told me not to do it as the girl can take legal actions once I file the petition) I am very confused at the moment and I do not know how to proceed. What is the procedure to go to the court and request for annulment ? If I file a petition what are the chances of getting an annulment ? The girl does not want to do anything about this and have asked me to solve this problem independently.

Any suggestion/advice will be greatly appreciated
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

If you have been forced to marry against your wishes you can file for anullment within period of one year

2) if girl does not contest you would get orders within one year

3) if girl contests it would be a long drawn affair and may take 5 years

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If the no cohibition is proved that is possible but this should be supported by the girl as well.

It depends on court to believe that on merit and should not be contested at all from the opposite side.

You need to take the special permission to file the petition before one year of marriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi

You will need some grounds for annulment of marriage out of the various specific grounds you an opt for 12(1(b)) HMA that the ceremony was done without your consent and was a forced in nature by the families.

Nullity of marriage can be granted.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. The girl is right in asking for annulment since otherwise she will get the stigma of being a divorcee without an iota of fault on her part.

2. She can file a petition praying for annulment of her marriage on the ground that her consent for the marriage was obtained by suppressing the fact that her husband was not interested for this marriage and he was being forced for marrying her and had the said fact been known or made known to her, she would not have given her consent for her said marriage.

3. After receiving the Notice for the said annulment petition, if you do not appear then the matter will be decided ex-parte and your said marriage will be annulled by the Court.

4. You have got a good offer from your wife to come out of the mess.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Respected sir...

An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy – either party was already married to another person at the time of the marriage

Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.

Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.

Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.

Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.

Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.

Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.

Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval..

Sir you have to convince your wife to agree on any of the grounds above mentioned and if she agreed you will get a decree of court under section 12 of HMA easily ...Just hire a good lawyer...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

As per S.14 of the HMA,1955, no petition for dissolution can be presented within one year of marriage. Even if annulled, both of you will have the status as divorcee.

Therefore, you have to wait for one year to file a divorce by mutual consent.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

A marriage can only be annulled on the following grounds

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:

1) Either spouse was already married to someone else at the time of the marriage in question;

2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);

3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;

4) Either spouse was mentally incompetent at the time of the marriage;

5) If the consent to the marriage was based on fraud or force;

6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;

7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.

8) Prisoners sentenced to a term of life imprisonment may not marry.

9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).

As your marriage was proper it does not fall under these categories.

Its better if you go for mutual consent divorce

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

hi, the annulment of marriage can only be made if the marriage was performed violating the provisions of hindu marriage act,..since there were no violations in your marriage there fore only solution is mutual divorce..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. Annulment means as if the marriage never took place in the first instance but since the marriage was registered the information of first marriage will not be wiped out from the records in the office of marriage registrar.

2. The scope of annulment is very limited. You can seek annulment if the consent to marriage was obtained through fraud or coercion which has to be proved but which is rather impossible to prove in the absence of affirmative evidence.

3. Better go for mutual consent divorce.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

There are two ways to legally end a marriage – annulment and divorce. If you are withdrawing from marriage and relationship then file petition for nullity of marriage. 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, it declares that the marriage never technically existed and was never valid. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.

The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court.

In your case you can take a contention that marriage done only forced and the marriage has not been consummated. If the girl does not appear the court even after getting the notice ,you can get a exparty decree.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

You may apply for annulment of your forced marriage on one of the grounds specified in section 12 of the Hindu Marriage Act.

If your wife is also ready for this, she may give her NOC(no-objection) before the Court and in this case, there will be no difficulty in the grant of annulment.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hello,

it is not possible to get the annulment on the ground that you were forced to get married.

If the girl is co-operating with you then you can just raise some false allegations to make it a suitable case of nullity.

Whereupon, you may ask that girl to just appear in the court once either directly or through the lawyer so that the decree can be passed subsequently.

She will just have to give an undertaking that she will not have any problem if the marriage is declared to be null and void.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You have to fit your case in certain grounds which are existing in your case for annulment. If you file and she is not before court you can get a exparte order. What she will do is a hypothetical question.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If the marriage was forced on you against your wishes and willingness and your marriage has not been consummated then you can file a petition under section 12 of HMA seeking annulment of marriage by a decree of nullity.

You can inform the girl to cooperate since she has understood your feelings and stand.

Let she receive the summons and abstain from attending the court so that the court will give an exparte decision which may be beneficial to both of you.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

you have no valid ground for the annulment. Make conscious understand.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Hi,

The marriage can't be annulled as the law does not permit, one of the solutions is to take mutual consent divorce.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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