• Annulment or cancellation of marriage

I am 72 year old belong to Kerala, a Muslim by birth but not a religious person,do not believe in religious practices. My divorce took place in 2016 from a Hindu wife after a long 20 years of separation, from Delhi courts. My ex wife expired in July this year. I got married from a Muslim woman from Kerala through Nikah in 9th August 2018, met through 'Divorce Matrimonial Portal'.It is her third marriage, and the 2nd marriage did not disclose to me earlier. ( I heard she stayed with him 6 months. He was also married and having children in abroad, not a divorcee). She is 48.Because of age difference I opposed the relation first. But she insisted and appointed a middle man to convince me. We did not have any physical relations and she stays in separate room in the NCR home.This happened as she told about the second marriage after the nikah on the same day night, in Kerala. As her approach and style of talks are suspect I have done an investigation from a private detective agency and found that she was having illegal relationship with that middle man,an advocate and politician.Please advice...
Asked 4 years ago in Family Law
Religion: Muslim

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14 Answers

You cannot file for annulment as there is no concept of annulment according to Muslim law.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0


You may go ahead and take divorce from her as per the personal laws on this ground.

even if you do not believe in any religion then also you will have to take divorce as per the personal laws since you go married as per the muslim laws.

Also, this is a void marriage and hence she can not enforce any right.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Without talaq from previous husband, this marriage is void and never solemnized. And adultery of wife, ground of talaq in Muslims.

Might she marry you for the properties as you age person and she will inherit your property.

If she has not taken diovrce from previous marriage, your marriage is void. Better remove her from house.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file for divorce on the ground of adultery committed by your wife.But you have to prove adultery charges against her.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Dear Sir,

It appears you are non believer of religion but marriage happened as per Muslim custom. As such you may adopt any of the following short cut get methods to get divorce as per muslim law.

India court bans Islamic instant divorce in huge win for women's rights

Controversial practice of ‘triple talaq’, which allows men to dissolve marriages instantly, declared unconstitutional

An Islamic practice permitting men to instantly divorce their wives has been declared unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.

The “triple talaq” has allowed Muslim men to dissolve marriages by pronouncing the word “divorce” three times.

The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench declared on Wednesday that triple talaq was “not integral to religious practice and violates constitutional morality”.

Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.

“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan (BMMA), an activist group that was party to the legal battle.

“We, the Muslim women, are entitled to justice from the courts as well as the legislature.”

The Indian prime minister, Narendra Modi, also welcomed the verdict:

Divorce Under Muslim Law

Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.

Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.

The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.

But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).

Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.

Divorce by husband/wife

A Husband may divorce in the following manner-

1. Talaq: which is release from the marriage tie immediately or eventually.

2. Ila: where a husband of sound mind takes a vow that he will abstain from all relationship from his wife.

3. Zihar: where husband sane and adult compares his wife to his mother or any other female within the prohibited degrees.

A wife may divorce in the following manner-

1. Talaqetafwiz: talaq by the wife under the husbands delegated power.

Divorce by judicial decree under dissolution of The Muslim Marriage Act,1939

Following are the grounds on which a marriage may be dissolved under the Marriage Act.

1. Lian: Where the wife is charged with adultery and the charge is false.She can file a regular suit for dissolution of marriage as a mere application to the court is not the proper procedure.

2. Fask: The cancellation, abolition, revocation, annulment. Before the passing of the dissolution of Marriage Act, Muslim women could only apply for the dissolution of their marriage under the doctrine of Fask.


A Muslim woman may file for divorce on the following grounds-

1. That the whereabouts of the husband have not been known for a period of 4 years

2. That the husband has neglected or has failed to provide for her maintenance for a period of two years.

3. That the husband has been sentenced to imprisonment for a period of seven years or upwards.

4. That the husband has failed to fulfill his marital obligation for a period of three years.

5. That the husband has been insane for two years or is suffering from leprosy or a virulent form of venereal disease.

6. That the husband was impotent at the time of marriage and continues to be so.

The women, having being given in marriage by her father or other guardian before she attained the age of 15 years, repudiated the marriage before attaining the age of 18.

Triple divorce

Triple divorce is a recognized but disapproved form of divorce and is considered by the Islamic jurists as an innovation within the fold of Sharia. It commands neither the sanction of Holy Quran nor the approval of the Holy Prophet.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1) As she is not a divorcee then how she could perform 2nd marriage, so your marriage stands null n void on this ground.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

no need to worry, if you are uncomfortable with her you can divorce her through talaq process, you said that you have perform marriage through Nikha Process so contact same Qazi Qazayath Daftar and send Talaq notice to her, But you have to pay Meher amount at Qazi Office ; You and Your Wife both should Stay at Same House for 3months 10 days then after your Marriage will be Dissolved.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can divorce your wife as per Muslim personal law

2) it should be preceded by attempts at reconciliation

3) you can issue your wife 3 consecutive monthly divorce notices

4) reasons should be mentioned for divorce

5) pay her Meher amount and iddath

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. You shall have to decide as to what do you want to do with your present matrimonial relationship with the said lady.

2. If she had married for the 2nbd time before marrying you and had not taken official divorce from her 2nd husband, then her marriage to you as per Sharia is invalid.

3. You can file a declaratory suit praying for a declaration that your said marriage with her is invalid for her not taking divorce from her 2nd husband before marrying you.

4. If it is found that she has taken divorce from her second husband before marrying you, then you shall have to give her talaq strictly following Sharia and getting to issue the talaqnama my yuour local Quazi.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear client

You may get in touch with me for the cancellation or divorce of your marriage as you hv s very good ground of adultery which makes ur case strong only if u hv sufficient proofs thru the agency.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Sir in your situation it would be better to give her a divorce as per muslim personal law on ground of afulterty.

See for muslim man no procedure for divorce and annulment in law it is governer by the personal law and according it would be better to give divorce to her.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. How did you perform nikah? Did she convert to Islam before Nikah? Unless both bride and groom are Muslims there can be no nikah. Your marriage itself is void if she had not converted to Islam.

2. You can file a suit for eviction to evict her from your house.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

It is really difficult to prove that both of you are leaving in separate rooms and have no sexual relationship.

It is better to choose a shipping way out to the divorce considering the latest amendments and notification in this regard to give divorce.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You cannot cancel this marriage but can dissolve it.

You can adopt the valid steps for talaq as per Sharia law and get rid of it.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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