12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after
the commencement of this Act, shall be voidable and may be annulled by a decree
of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the
(b) that the marriage is in contravention of the condition specified in clause (ii) of
Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in
marriage of the petitioner was required under Section 5 as it stood immediately
before the commencement of the Child Marriage Restraint (Amendment) Act, 1978,
the consent of such guardian was obtained by force or by fraud as to the nature of
the ceremony or as to any material fact or circumstance concerning the
(d) that the respondent was at the time of the marriage pregnant by some person
other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to
operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the
marriage as husband or wife after the force had ceased to operate or, as the case
may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained
unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized
before the commencement of this Act within one year of such commencement and
in the case of marriages solemnized after such commencement within one year
from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place
since the discovery by the petitioner of the existence of the said ground.
Kindly refer sub section 1(c) of above section with sub section now the act clearly states two condition first if it is filled within 1 year from time when such force ceases to be exist that is in your case uncle, secondly your brother has not.lived with full consent.
Now.in first case you need strict evidence to the effect that uncle was force secondly you also have to prove that brother never had an consent relationship with his wife now this is difficult to prove as she has lived 2 years as daughter in law at your place and she in her reply can dispute.the same fact, also the delay in filing no doubt uncle was goon police was with him.but still there was court so there can be hurdules in anullmnent also everything in case has to be provided with strict proof and evidences so if you have that there is possibility marriage will be annulled.
On other hand as compare to annulment it is easy to get a divorce on ground of cruelty as these all facts specifically indicates there had been a cruelty.
So to sum case for annulment or divorce has to be filed looking at complete merits of the case.
Like uncles death, pressure force .