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.
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
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
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.
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
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.
1) Yes, if it is a forced marriage than you can go for annulment of marriage.
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.
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.
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.
Follow up - My Marriage took place on 4th of April 2018 only. So can I file the case under HMA Section 12 for null and Void marriage based upon false educational qualification declared by girl. Now they are threatening us we will put a false case against us if we force for the educational details or if we file a fraud case for the wrong educational details. Pls suggest, seriously I dont want to continue the life with her in this situation. Pls confirm sirs
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.
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.
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
U/sec 12(1)(c)
Yes, aftet staying 90 days away from each other you can file for marriage of annulment.
HI Sirs, Further to the above, in the last week of July the girl family decided and confirmed me that they will take her to her mother s house. They confessed their force marriage mistake which they done against my wish along with the educational qualification Degree fraud. So tomorrow her uncle is coming to pick her and he asked me to join with him from my home to her home to drop her. I said them that any how you guys and the girl only confessed the wrong which ever your family done to me, I prefer not to come along with the girl, better you take her as per your family and girl wish. But they telling if you come and drop personally with few seniors in my family, neighbors @ both of the home town will discuss like me and she has mutually discussed and ready to close this amicably. In case If the girl family take her alone without me to her mother house it will damage her reputation. Questions 1. Please advise shall I go with her and her family to drop her in her mother house or better to leave to them to take her from my house as per girl family wish. 2. However either one of of the above going to happen tomorrow, can i apply for the null and void by discussing mutually after 2 to 3 months from today or I need to go for divorce after a year. My force marriage date is on 4th April 2018. 3. If I go along with her to drop her for eg sake permanently will they file a case against me? 4. So is that better let her to leave with her family or I should be going to drop her please confirm along with the legal consequences.
No need to drop your wife to her parents place
2) file for anullment of marriage on grounds of coercion and fraud
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.
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.
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.
HI Sirs, Further to the above, we did nt drop her to her house because they may file abscond case. One of my relative said to girl family that I already suit a case against her for the forced marriage and Education fraud. Now the girl family called me and my seniors, we will close this amicably with a local advocate in the local panchayat and with out going to court for Null and void. They are asking for th settlement. Infact force happened from their side and to that further fraud also Questions: 1. Shall i go for local panchayat settlement?? 2. If so, should i give the money to them??? 3. Total marriage expenses occurred for the marriage by them is only 3 lacs and from myside 5 lacs. Should i defend that I will not pay the money to the girl side or how to proceed further. 4. Lastly they said they will take her to the home town tomorrow. Shall I leave her with out closing tomorrow only and they (elders) will come back next month for the settlement.
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
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.
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.
I would advise you to get the marriage dissolved mutually through the court only.
Regards
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.
HI Sir, I filed an annulment last year Feb 2019 based upon the Fraud they done with Matrimonial website screen shot, after multiple Counter the girl side replied again with a big lie that she never said as degree holder and more over I have some relationship with some other girl whom I would like to marry in past as per my family information given to her. Now due to Corona the hearing and inquiry was postponed and about to come in next few weeks. What should I do in this case? Pls advise. I have the matrimonial screen shot and her horoscope from matrimony mentioned with B.Com + I have whats app chat from her asking sorry for all and all mistake is from her side. Is this proof is enough to submit and should I add some thing here. Pls guide me.
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
Yes. These are good proofs.
Sufficient proof.
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.
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.