• Annulment of marriage

Hi..I'm from uk and i married a girl in India in 2003.
She told me her name was A and she was 20 years old. We had nikah done. Her dad made me sign blank wedding certificate and said he'll get A to sign back at her house. I flew back to uk next day after wedding whilst they made her passport. 
When passport ready i went back to India to apply for visa. On passport her name was S. I asked her dad why it has different name on passport but he said that Indian girls are known by multiple name. He said her born name S but known as A. I accepted his explanation. 
When she came uk she had severe mental problems. Spent time in mental hospital. Very violent and danger. She returned India multiple times by herself for many months. We had 3x children that stayed with me in uk. 
She's been in India now for last 5 years since 2013.
I have found out in this time that her name was really A but she was only 16 years old when we married. The passport name of S is of her elder sister. 
I have birth certificates of them both to show the deception. Wedding photos showed that i married A.
Passport had photo of A but with S name and a different date of birth.
She deceived me from the point we met when she said her name was A and she was 20. Her passport showed her name as S. But the birth certificate shows the girl i married A was only 16 when i married. 
They also failed to disclose her mental state when i married her. 
Can this marriage be annulled on grounds of deception and failure to disclose her mental condition?
How quickly can this happen? And how long would it take to anul?
What would be the process? 
Can i do from uk without having to go to India?
Do you think i have a good chance of getting marriage anul?
Thank you.
Asked 4 years ago in Family Law
Religion: Muslim

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19 Answers

The Muslim law-givers have used the term faskh for annulment of marriage. When a marriage is dissolved by a decree of court, they use the term Jurqat literally meaning separation, which in modern law is equivalent to dissolution of marriage. When a marriage is annulled for a cause imputable to the wife, then it is called faskh. It is interesting to note that in Muslim law there is nothing like a declaratory decree in a case where the marriage is batil (void).

The term faskh, though literally translated as annulment of marriage, is not equivalent to the term “annulment of marriage”, as it is used in the modern matrimonial law; in fact, in Muslim law there has never been anything like a voidable marriage. In Muslim law, there have been a very few cases in which an action in a court was deemed necessary in respect of a marriage.

It may be taken to be well established proposition that declaratory suits can be filed in respect of a right or status arising out of Muslim marriage. Such suits can be filed under S. 34, Specific Relief Act, 1963. A declaratory suit may be filed in respect of the following:

(i) That the marriage of the plaintiff with the defendant is null and void. (It has been seen in Chapter IV of this work that the concept of void marriage is recognized under Muslim law. Just as when a marriage of a Hindu, Christian or Parsi is void, no legal action, either a petition under the matrimonial law or declaratory suit under the Specific Relief Act, is necessary, and any party can take a stand on the invalidity of the marriage, similarly no legal action need be taken regarding a void Muslim marriage. But if any of the parties to the marriage, or an interested third person, desires a judicial declaration of the fact of nullity of marriage, he or she may file a declaratory suit);

(ii) That the defendant who is claiming himself or herself to be the husband or wife of the plaintiff, is, in fact, not his or her husband or wife. (This is known as jactitation);

(iii) That the plaintiff is lawfully wedded husband or wife of the defendant;

(iv) That the plaintiff in the exercise of his right of repudiation of marriage, or in the exercise of the option of puberty, has repudiated the marriage with the defendant;

(v) That the plaintiff has terminated his or her irregular marriage with the defendant; or

(vi) That the plaintiff’s marriage with the defendant has been validly dissolved

In your case since a long time has passed you have issues it can get difficult to get annulled and suit can take really long you can take a divorce on same ground. There is no legal procedure prescribed for divorce in muslim law so you can have a divorce by the muslim traditional law (though teen talak) is no more option but there are other personal laws for talaq. So better to get it done by divorce declaratory suit can be long drawn procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See if you have done talaq already then there is no question of annulment as she is not your wife any more also in muslim law india there is no provision for a man to file a suit for divorce and the muslim personal divorce laws are accepted.

Surely they are ground of annulment but see the thing is the courtnhas power to declare a.marriage.annul when there is divorce there is no marriage.

Also even if we leave expect of divorce than this process can take 2-3 years or more personal prensce is not necessary as you can give power.of attorney to family member can present before court when evidence to effect required.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See annulment process of marriage is through declaratory suit you can file declaratory suit in court declaring that your marriage is void.

If there is not opposition of defence from the other party the process can be quit fast but still if any opposition it shall take some time.

Also I was just telling you that I your case since you have already taken divorce by way of declaration suit you can simply declare that there is no marriage between you and once court declare same it is valid in UK and you shall not be considered husband wife in uk

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you can try your luck to anul your marriage. You can show primafacie that you were defrauded in the said issue

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

you have been married for 15 years

2) anullment should have been filed within period of one year of discovery of fraud

3) better option is to file for divorce

4)you should be personally present for filing divorce case

5) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

you cannot file annulment proceedings from UK

2) you should engage a lawyer for drafting and filing divorce petition

3) your lawyer can send you papers for signature

4) have it attested before indian consulate

5) better option is that you remain present at time of filing of divorce petition

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

anulllment has to be filed within period of one year of discovery of fraud

2) if wife has lied about her age , her identity , her mental health problems then you should have filed for anullment within period of one year of discovery of fraud

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Annulment of marriage has to be files within one year of discovery of fraud. Since you found out about deception long ago you have option to file for dissolution of marriage (divorce). You can engage lawyer who will prepare petition and send you and you can sign and get it attested in consulate. you have to attend the case on hearing at least for evidence stage.

Since you have already given her talaq you cannot file for annulment. You need a document from court so you need to file for divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) Marriage is annulled by wife's side and as per Muslim Law woman's had been given rights for annulment of marriage to request KAZI or qudi i.e. Judge.

2) You may apply for TALAK or divorce that will be easy for you on medical ground that your wife was mental from starting.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Since fraud was done and impersonation was resorted to while registering the marriage , you have a good case fo cancellation of marriage.

2, So file a suit for declaration seeking cancellation of marriage certificate on the ground of impersonation, forgery and cheating.

3. once marriage certificate would be cancelled there would be no marriage and you can become a free man once again.

4. You can file criminal case against her also but I would advise you to seek civil remedy first.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Querist

As per Islamic Law, in India, the annulment of the marriage cannot happen in Muslims by the Court of Law but you may get a declaration order from the Indian Court regarding your Talaq.

You may file a civil suit for the declaration before the Family Court against your wife, if you are unable to appear in person before the Court then you may fight the case through your Power of Attorney Holder.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hello,

If you have already done talaq then there is no need to do any other thing.

Annulment of marriage in muslims is only allowed in Sharia law,

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you have already obtained the divorce, then you may file a declaration suit under section 7 of the Family Court Act and get the same testified from the court so that the same is accepted in UK.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

At this stage where you have already accepted the marriage and had three children out of your wedlock, you may not be able to file a petition to annul the marriage.

If your marriage was not registered by a special marriage act then you may follow the Shariat law for pronouncing talak as per law to divorce her by dissolution of marriage.

In fact your can file divorce from UK also if you are a citizen or coming within the ambit eligible for filing divorce in UK.

For annulment there is no strong reason or grounds, as per my opinion.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

I have already done talaaq..

but i want to legally annul the marriage as she married me on false identity and false age and didn't disclose mental health. Surely these are grounds to annul a marriage according to Indian law?

How long process are you talking about?

What are my chances of success?

Can i do from here in uk? Or do i have to attend Indian court in person?

If your marriage was registered under special marriage act, then you can see if your case comes within the ambit of the following clauses which entitles you to file an annulment petition:

Section 25 in The Special Marriage Act, 1954

25. Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—

(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or

(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872): Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,—

(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(b) that proceedings were instituted within a year from the date of the marriage; and

(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,—

(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or

(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

I need marriage legally annulled in India so that the marriage is void in uk.

That's why i want to annul from India.

Is it possible? How long to annul?

Im not talking about divorce. I only want to talk about annulment process

You have not mentioned in any one of the posts that your marriage was registered under special marriage act in India.

If your marriage was not registered under the said act then you may not be eligible for seeking to annul your marriage, you have to be contended with the Talak alone.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. You can get a decree or order passed by a Court in any country in the world after filing an application praying for the said decree or order based on certain Act prevailing in the said Country.

2. As per Hindu Marriage Act or Special Marriage Act, it is a clear case to seek annulment of marriage since she was not an adult at the time of her marriage.

3. Moreover, you have not married A as per the marriage documents but has married S and her father has committed fraud on you.

4. Since you have married as per Sharia, you shall have to take divorce as per Sharia.

5. So, you are within your legal rights to pronounce three talaq to her strictly following Sharia and then send the talaqnama through your local Quazi.

6. You shall be treated as divorced from her thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You have already given her talaq which means that you have already divorced her for which so she is no more your wife.

2. Since you have already been divorced from your wife, she is no more your wife and you can not further seek annulment of marriage from her since she is not married to you any longer.

3. The talaqnama issued by you through the Quazi is a valid legal document to establish that you have divorced her and thereafter there is no scope for annulment of your marriage.

4. Your said talaqnama is valid all over the world as a document of your having divorced your wife.

5. When you divorce your wife, you basically accept the authenticity of your marriage with her for which you can not further seek annulment of marriage once you have divorce her legally.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. You can file a petition before the District court praying for a declaration that your said marriage is void at law since as per document the name of the girl you married is of other girl of 20 years of age whereas the person of age 16 was presented before you during your Nikah suppressing the fact.

2. This way you can get a judgement declaring your marriage as void at law.

3. The case might take 2 years to be disposed off from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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