• Can I apply annulment or divorce for my case

HI Sirs, 
I recently married to a girl which I got from matrimony site mentioned as B.Com as her educational qualification. We both met and girl family said ok on the first day and i was asked to say ok after 4 months from my relatives. I believe the girl family and respected my parents and gave the confirmation. Post the first confirmation function, I went to girl family and said no for the marriage because I was forced to say yes for this. They tortured me in their home by hitting, harassment words, suicide threats everything happened. 
Post that my family member came to rescue me, and gave a confirmation to the girl family members that this marriage will definitely will happen. I was clearly told by my family members post giving the first confirmation we should not change the words in additional it will spoil the girl s life. I cried a lot and finally agreed. Then i stayed in my uncle house for next 11 days and wedding was done. Post marriage i was normal and try to continue the life and continued the life for 3 days including nights. Then I left to my work place she was there in my native, when i asked for the educational qualification certificates for arranging passport she said she will give in 2 months, then in 2 weeks, then in 10 days, at last she said she did nt finish the graduation only. When we asked for the justification, she said now marriage is over what else you guys can do, more over she is threatening my mother saying unnecessary words like they will take me in work place, burn the car, she will cut her wrist etc.,. Her family people also came one day and shouted with our family pulled my hand and not answered properly till now. Instead of that they are saying they will go to the court, but I don t know why they are pulling legal way. I was totally frustrated and mentally depressed to live with her. Cried a lot and now i want to end this marriage. Lot of cheating and frustration feelings I don t want to continue any more. 


Reg Legal Information
No Marriage registration - Due to this is a force marriage in short time. 
Invitation also not printed - Due to this is force marriage in short time. 
Marriage photos - All aggression look in my eyes. (Its with me only not with the girl family)

Now pls suggest shall i go with Section 12 for annulment or divorce - please confirm.
Asked 4 years ago in Family Law
Religion: Hindu

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28 Answers

1) file for annulment of marriage on grounds of fraud and coercion

2) mention that in her bio data it is wrongly mentioned that she has completed her graduation but she has not completed her graduation

3) take the plea that you were forced to marry against your wishes

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

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Very recently, the Supreme Court has annulled forced marriage of girl and let her free to live her life,

If u can prove the same, go for it u/s 12 of the act.

SC Allows 26-Yr-Old Woman, Married Off Without Her Consent, To Move To Any Place As Per Her Choice & Desire

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Based on facts and circumstances of your case you can file for annulment of the marriage on ground of coercion and fraud further threats from both the families.

File a petition before family court under section 12 on ground of fraud and peruse same.

Further also file an complaint with the police for intimidation and threat as they are threatening you for suicide and false cases.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

First, lodge a NC at the police station so that you are safe in case any action is taken by the girl.

Secondly on these grounds file a petition for annulment of the marriage.

Do register a NC at the police station.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is not a valid reason for annulment of the marriage you are properly married and you can go to the divorce process which can start only after one year after marriage and at least 6 months of living separately Each Other not in the same house after completion of one year you can file divorce petition on the basis of compatibility ground and cruelity to you and your family by the wife and her family.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) Yes, if it is a forced marriage than you can go for annulment of marriage.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Annulment of marriage is not possible except that you can claim that you were forced to marry her against your wishes but for that you may have to struggle to p[rove that especially if she puts up a strong fight and objection to your petition.

Alternately, You can wait for one year and file a contested divorce on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. Your consent for performing this marriage was obtained by exercise of fraud and material misrepresentation.

2. So you can file a suit for annulment of marriage. if the marriage has not been consummated then it is an additional ground.

3. However event without registration a marriage is valid if all the necessary rituals were performed.

4. So do not wste time anymore and file a suit for declaring your marriage as null and void.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Your case doesn't fit for a case for annulment as you would have easily gone to the police, but you waited for months and did nothing, so you can't deny that marriage just because you had a aggressive look in your eyes in marriage pictures.

You can opt for divorce on grounds of cruelty against husband and in-laws, if you have irrefutable evidence to prove her said acts in court.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Please note you should not have relied on copies of documents provided by her or their word as proof. Instead you should have gone directly to the source institution/university for verification.

So, non disclosure of educational info is not a ground for annulment.

Instead, you can file for divorce on grounds of cruelty.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Suppression of the facts about educational qualification cannot be considered as material fact for marriage hence no petition for annulment of marriage is maintainable on this ground.

This will not come under cheating warranting grounds for annulment of marriage.

You dont want to continue the married life with her, then you can file a petition for judicial separation for the present and can file divorce case on the grounds you rely upon after completion of one year of married life.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

when did you discover that education qualifications mentioned were false ?

2) you have to file petition for anullment within period of one year of discovery of fraud

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

U/sec 12(1)(c)

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, aftet staying 90 days away from each other you can file for marriage of annulment.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No need to drop your wife to her parents place

2) file for anullment of marriage on grounds of coercion and fraud

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

1. In my opinion you may better allow her family people to take her away from your home and whatever worth it may be, you may record the incidents for future safety.

2. Annulment petition at this stage may not be entertained by the court for this reason hence you may ask her to cooperate by submitting to the decree prayed for by filing a memo on receiving the summons for the annulment case or you can wait for one year completion for filing divorce case on the grounds of cruelty or one year from the date of separation for filing divorce on the grounds of mutual consent.

3. There may be chances for untoward incidence at her home if you accompany her to drop her at her home permanently.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. See firstly it is solely you wish , but since you going to drop her can be construed in wrong way that you personally dropped her and then abandoned her so in that case if all the elders go for meeting then its good otherwise i dont really advise you to go.

2.You should apply for annulment now only in my advice or after some time as your wish as there is valid ground if time lapses that can effect the case so better to apply for annulment.

3. There can be any kind of issue or scene they can create and can call police so better to be away.

4. Better leave her with family, as such there shall be least chance but still they can create a scene or they might try making evidence that you came to drop and then left wife so there may be possibilities.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Better inform the local police station about the thing, lest false case may not file and takes some peoples along with you for your safety purpose and don`t at lonely place.

annulment of Force maraiage can be filed any time. No need to wait for year.

They can file case of dowry demand so better take some video and other evidence that she was put into forced marriage and now she is not willing to continue and want end with her choice.

If you will not go than presumption will drawn that you thrown her out and if you are no going than procure evidence of force marriage and she went by her choice only.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

local panchayat settlement is not binding on parties

2) better file for divorce by mutual consent pay her x amount as full and final settlement

3) pay her rs 3 lakhs in full and final settlement

4) let her go to her home town

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Only court can dissolve marriage, Panchayat has no authority and nullity by panchayat is waste paper.

Better get the null order from court, that only option and this is proved than you are not liable for any refund.

Instead you can claim refund from in laws.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Local panchayat settlement is not a solution to this problem.

A divorce decree from a court of law shall be considered as a legal and valid divorce.

2. Dont settle with huge amount, you may judiciously bargain the settlement amount.

3. it is up to you to accept their demand or not. If you do not want to settle any amount you may ask them to approach court where you can challenge their claim appropriately.

4. It depends on the prevailing situation.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

I would advise you to get the marriage dissolved mutually through the court only.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Majority of these loans may go bad and add to the non-performing assets (NPAs) of lenders. So pleased be at ease and they cannot attach properties of your father which are not given as security. If bank people come then ask them to file a suit.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

What’s app chats are admissible in evidence 

 

2) you can rely upon details mentioned by her in her bio data posted on matrimonial website 

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes. These are good proofs.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sufficient proof.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes you can try annulment for a forceful or without consent marriage but need to prove it in court and the same is not easy. 

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

The annulment petition filed by you for the said reason is  not maintainable.

This is not a fact material to marriage hence the court will not accept this reason for annulment, your annulment petition may be dismissed after the lengthy trial procedures conducted in a span of two years from now.

You have been misguided by your lawyer to file this annulment petition.

 

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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