Marriage invalid - in laws say
I had a arya samaj mandir marriage in 2012, it was a love marriage and my husband had hidden it from his parents, though they knew about our affair and knew that he had come to delhi from mumbai to marry me but they didn't interfere. We got married in Oct. of 2012 and as he didn't have any ID or age proofs he produced the affidavit as age proof. Now after a year and a half, his parents come to know about it and threatened me and my family that they will take us to court on account of forcing my husband to marry me in-spite non marriageable age, they say my husband was 19 when we got married and it is an invalid marriage. My in-laws have returned to their home town with my husband leaving me behind. I feel helpless. My husband demands annulment, as we were not physical, I am not sure the reason of no physical relation was because he was going to cheat me or what....I don't know what to do. I don't want my marriage to end, Can I do anything? I have photographs of our marriage, marriage certificate which they say is invalid because of him being underage at the time of marriage. I feel cheated. Please advise.
Asked in Family Law from delhi, Delhi
Hi, if the marriage is solemnized in aryasamaja, i think they have issued certificate to that effect.......... you don't worry about the age of your husband as he crossed 18 years and he has mature therefore you don't worry your marriage is valid.
1. Your marriage is not invalid as your husband had filed an affidavit to vouch for the fact that he had attained the necessary age. Absence of physical relation between husband and wife is no ground for annulment under the law.
2. It is possible that your husband might have been brainwashed or threatened by his parents to abandon his relationship with you.
3. Legally speaking, you may file a case for resuming conjugal rights against your husband, but this is fraught with the risk of bitterness between him and you growing to an extent that he may lose all his desire to be back with you. If you want your marriage to survive then your best bet is to exhaust all the options within the social parlance to bring your marriage back on track. If this does not work then you move to court to pursue the legal recourse.
Do not worry so much ,he has to come back to you ,as far as your marriage is concerned it is valid, as your husband has given an affidavit in this regards and if he backs out then he can be charge for giving false affidavit.
if he goes for annulment on the ground of no sex ,it will mean he do not deny marriage.,there are lots of option for you.
Advocate, New Delhi
Do not do anything, just relax and wait. Your marriage is very much legal. Though you have options to file for restitution of conjugal rights, it is upto you to decide that do you have safe future with this man who is so much influenced by his parents. He can be charged for Perjury also for lying under an oath.
1)under section 12 of HMA annullment of marriage can be done only within period of one year . in your case 2 years have passed so no anullment is possible now .
2) marriage was performed on bais of affidavit filed by your husband wherein he stated that he was marriageable age . the said affidavit has been duly signed by him and notarised . now after lapse of 2 years your husband cannot take the plea that marraige was null and void .
3) refuse to sign any documents for anull ment or divorce . if he files for divorce contest it on merits .
I thank all of you, This is such a great site with so many good people around. I love my husband a lot and don't want to drag this matter to court until I exhaust all options. I just pray to god that he comes back. Thank you again.
Asked 3 years ago
my pleasure,do not worry,keep in touch,we are here to help you
Advocate, New Delhi
Thanks for your appreciation.
thanks for your appreciation . in case you desire any further clarifications do let us know .
Matter already well advised.