• Forced marriage without parents

I had a relationship with the girl since from 1year , Girl and their family forcefully married me in the temple without my parents and the marriage is done on without culture and rituous as per hindu act, and they had taken photos and video record and we had given a written documents in police station that we had married and we are not registered legally, now can i go for court that the marriage is done forcefully
Asked 4 years ago in Family Law
Religion: Hindu

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25 Answers

Hello,

Yes you can file a suit for annulment of The Marriage on the ground that the consent was taken forcefully and may then get the Marriage annulled.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. What do you mean 'forcefully'? Unless the act was such that a threat was made to your life it cannot be called coercion.

2. A petition for annulment is maintainable if the marriage was done without free consent or if consent was induced through fraud, but this is easier said than done. You will have to prove through cogent evidence that marriage was done under coercion. The onus to prove coercion will be on your shoulders.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Yes. You can file annulment petition on the basis of forceful marriage and not conduction rituals necessary for hindu marriage to get registered.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hi, firstly provide a complaint to the police ..Also file annulment of marriage in court under section 11 of Hindu masti age act

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Certainly you can approach Family court for annulment of marriage on the ground of force marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

file petition for annulment of marriage on grounds of coercion

2) mention that marriage was solemnised without presence of family and friends

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear,

You can go in family court, but when you are in relation with that girl then what's

the problem. Now you can follow all the rituals and marry with her in front and

with the blessings of your parents.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You are legally married. At least keep some honesty live in you. Illusion don't stay long. You had relationship and they married you what is wrong in it and did you asked your parent before relationship.

Life is too short for all this try to live peacefully.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Since this marriage was forced upon you, you may get it annulled and moving a petition seeking annulment.

Contact a local lawyer and seek his opinion. Get an annulment petition drafted and file the same asap.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You made her pregnant, in a relationship from 1 year. Where is the black mailing ? If you will leave her , she can file case of rape against you.

Do u have any proof that same thing is done by them with other guys also. What kind of blackmailing ?

As now you are married to him.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You are in trouble man. First you saw opportunity and use it. Now if you file against her

she also file case against you for rape.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

You cancan file petition for annulment on the basis of forceful marriage. But she can levy cheating, breach of trust, rape and other such charges against you in return.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

merely wife having face book chars is no evidence of adultery

2) file for anullment of marriage mention that you were forced to marry her . wife mentioned she was pregnant and after 3 days of marriage she did abortion without your consent

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Having taken a decision already that yo do not wish to live with this lady anymore, you must file a settlement asap.

In case you want to avoid the hassle of contesting a case, negotiate an look out the possibilities of arriving at a compromise with the other party.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. You should have been more careful while indulging in such casual relationship as such relationship are mostly fraught with danger.

2. Though non registration of marriage does not invalidate the marriage but if the same is not performed as per established Hindu rites and customs then the same is void .

3. So if you wish to come out of this relationship you will have to file a suit for nullity of marriage.

4. However in that event she may file criminal cases but those cases would not stand once your suit for nullity succeeds.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.sir this is absolutely cheating from them.. on you.

If u have that sexual chat with other guys and FB chat with other guys.. of that girl and in which hospital she aborted if u know.. .. then u can file cheating case on that girl and her family.. No need to give money

For more details please CONTACT ME. Through call Consultation.. I will tell you what to do next ..

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

you can file for divorce based on adultery, you'll have to convince a judge that a sexual affair actually occurred. Adultery can be hard to prove, and a feeling or a belief that your spouse committed adultery.

you said you have evidence that she had a sexual chat ,this proofs are enough for grounds of divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) If you have evidence of adultery chats with other guy than you have proof to get annulment of marriage from her on forcefully married with her.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. For establishing marriage, the presence of parents are not required as per law.

2. if you have lodged the police complaint against then for forcing you to marry that girl then what is the outcome of the said complaint? Has any FIR been registered against them by the police? If not then file a Writ Petition against police inaction praying for a direction upon the police to register FIR, investigate and act based on your said complaint.

3. If FIR is registered and they are finally punished, then you can file a petition for declaring that you have had no marriage with her and the purported ritual was forced upon you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. If she lodges complaint of your having had physical relationship with her, then you can claim that it was consensual s*x which had resulted in o her pregnancy for which she was aborted as per her wish.

2. Engage an experienced lawyer having expertise in this field to defend you in the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

If she has conceived then it will be difficult to prove that it was a forced marriage.

In this case you may file a case of divorce on the ground of cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the marriage was solemnised forcefully under coercion and threats, against your willingness and protests, you can very well file a petition seeking annulment of marriage provided the marriage is not consummated after solemnisation.

However you cannot plead that since your parents were not there nor the rituals have been followed properly as a ground seeking annulment of marriage.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you had been in relationship with her prior to marriage and you were pressurised to marry her as you impregnated her, your petiton seeking annulment may not be valid.

Alternately you may wait for one year completion from the date of marriage and file a contested divorce ion the grounds of cruelty.

If you are not able to meet their demand you may refuse the same and face them in the court of law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

It is a clear case of cheating and forceful marriage. Since she is having relationship with others so in order to hide her sins their relatives and parents with the help of police got married her forcefully. Under Indian Laws any forcible marriage is not valid and you cannot seek divorce on that ground only. Pregnancy is not a ground to continue the marriage. Black mailing itself gives you a ground to seek immediate divorce.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Since you had unprotected sexual intercourse with her there has to be a presumption that marriage was not due to coercion.

2. You cannot prove the ground of annulment. So the only way out is to persuade her to file for mutual consent divorce.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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