• I need help to get save from forced marriage with a boy when I am studying in college

I am female. First we went to temple with his two friends, then he placed mangalsutra by standing infront of god in temple, this video and photos were shot by one of his friends. No any other rituals happened there. Then we came out of temple, we changed varamalas this is also shot by his friend. Then we came to our homes seperately. We never met again. This was done in last year november. Is that valid marriage if he complaints in police station or in court with that photos or video. what the steps i have to take to get out of him and to marriage in future ? do i have to take divorce from him ? Or can i prove that as invalid marriage as this all happens because of his force. can i do marriage now with support of parents without any notifying to that boy ?
Asked 6 years ago in Family Law
Religion: Hindu

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19 Answers

In your case you as per you you were forced to marry and no correct rituals were performed see in this case though it is not proper marriage but the boy has proof such as photograph putting Garland and mangalsutra so he can create issue so in this case you either need annulment of marriage by filing annulment petition before coirt or assurance from boys side that he has deleted pictures and he is also leaving his seperate life.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Putting mangalsutra and varmala is not proper Hindu marriage if taken seven steps around the holy fire was not performed.

2. Moreover of force or fraud was exercised to perform these rituals then also it is additional ground to declare this marriage as null and void.

3. So file a suit in that regard and get a decree of nullity first as without this your second marriage would be invalid and crime as well. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

As per Hindu Marriage Act, if Saptahpadi is not performed with the help of Brahmin who perform scared mantra.You can tell to police it was a drama practice in the college functions that was shoot by your friends and nothing more than that. If boy couldn't understand that he is taking so seriously to this act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

It is not valid marriage

 

mere exchange of garlands  and placement of Mangal sutra does not constitute valid marriage 

 

marriage has to be performed as per customary Hindu Vedic rites and customs 

 

you don’t need a divorce and are free to marry 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello, 

You will have to file a suit for annulment of the marriage. 

Because he can definitely file a case on the basis of these documents and later you will have to justify that it was not a valid marriage. 

Therefore, it will be a better situation if you file a suit for annulment of the marriage beforehand. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) you have to file petition for anullment of marriage within period of one year of marriage 

 

2) If your husband contests it would be long drawn affair . It may take 5 years to be disposed of 

 

 

3)  you have to prove allegations made by you in anullment petition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You may file it at any time. It will take 6-12 months to get decided 

If he does not accept and files a case then you will have to shoe to the court that a suit for annulment of the marriage is pending in the court of law. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

- As per Section 7 of the Hindu Marriage Act, ceremonies are required to be performed like `Saptapadi' or `phere' for marriage and if it is not done, it is no marriage in the eyes of law.

- Further, for a valid marriage in Temple , the ceremonies must be performed legally as per the Act , and  the Temple must issue an authorized certificate of marrige or a duly signed document to act as an evidence of solemnization of the marriage.

- Hence, as per law, the acts of putting mangalsutra , vermala etc ,  in the temple itself just in the presence of witnesses , is not enough for a valid marriage. 

- Further , the consent of parties of the marrige should be there, without any type of pressure, undue influence, foribly, lure etc. 

- Since, you have not performed your marriage as per law, then no need to take a decree of Nullity of marrige from the court . 

- Maximum , you can lodge a complaint with the police, after mentioing that , the boy may take illegal advantage of the drama scene photogrphs , which was not a legal marriage . 

- Dont, worry , go ahead for a real marriage with the consent of your parents.

 

Good luck and dont forget to rating Positivley.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you go for annulment of marriage means you accept that marriage took place and there is procedure of annulment within one year you have to file and that marriage was forcefully performed.

 

But from day one you deny that marriage was performed as a drama ma for college annual gathering day. 

 

Here boy has to go in the court to prove you are his wife.

 

But in annulment case you have to go first in the court and apply than after six months it will be held by court that to give annulment or not otherwise you will be held as his wife and marriage is proved. Once you apply for annulment means marriage is proved automatically.

 

Understand the difference.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

In order to complete marriage under Hindu Culture, it needs to be done according to the rituals followed by your community.

Further, Saptapadi has to be done before sacred fire.

Mere placing Mangalasutra and exchange of garlands will not conclude marriage.

Aforesaid actions will not conclude it to be valid marriage.

You need to file petition before court for annulment of the said marriage.

File the petition after 14.11.2019.

Even if he file an application claiming it valid marriage it will not be considered.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No round of holy fire and enchanting mantras, marriage not duly solemonized as per hindu rituals which is must for valid marriage.

No annulment require. Garland share and tying Mangal sutra dose not constitute marriage. Feel free.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can file it now only it is within one year. Yes it has to be filed before november it would be better. 

See he cannot file any other case as such he has to contest same requesting to declare marriage valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

SC says based on peculiar case fact following for a valid Hindu marriage;

Garland exchange (mere) in a temple is a valid marriage.
Walking seven times around a fire is a valid marriage.
 Mangalsutra (mere) tying in a temple in front of a priest is also a valid marriage.
If customary practice says that mere exchanged garland in front of a priest under Vedic mantras by the couple then it is also considered a valid marriage.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Annulment means marriage never solmenised in the eyes of law. In your case if there is no physical relationship after marriage only in that eventuality u can ask for the annulment. Or else u will have to file a divorce petition.


Annulment means marriage never solmenised in the eyes of law. In your case if there is no physical relationship after marriage only in that eventuality u can ask for the annulment. Or else u will have to file a divorce petition.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes the marriage will be considered as valid marriage if it involves ceremony if marriage by mangal sutra and varmalas. 

You should file a case for annulement of marriage on ground of marriage by force and coercion.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It's better to file in one year but there are exceptions too. It takes sometime depending on courts busy schedule. You need to prove it in annulment when you file the same against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Concern,

Please note - 

01. Firstly, merely putting mangalsutra or exchanging the varmala do not makes one married to the another. Under Hindu Law it is mandatory to complete saptapadi (saat phere) in presence of all marital mantra and shloka only then any marriage is considered to be solemnised else not. 

Technically you were never married to the concern person if on the name of marriage only mangalsutra is put in your neck and varmala has been exchanged. 

02. Secondly, non-consumation of marriage in between the parties in Hindu law also makes the marriage as 'no marriage'. As per the details shared by you, after the said incident both of you have gone back to your respective homes and have never met which means there was no cohabitation in between you after this 'so called marriage'.

Technically you marriage again is no marriage as per the law and you should not be bothered about that.

03. Thirdly, to answer your query, to annul any marriage under section 12 of the Hindu Marriage Act which is about voidable marriage you have to come before the court within one year from the date of your marriage. If your marriage date is 14.11.2018 so you have to approach the court for the annulment of your marriage by 13.11.2019 or earlier than that. From 14.11.2019 you will be left with only one option and that is Divorce. 

However, this is not applicable in your case as you are not married in the eyes of law. 

04. I would suggest you to file a criminal complaint in against the concern person stating that the concern is trying to harass you and is also compelling you to get married to her. Keep a copy of this complaint with yourself but do not get it converted into FIR as that would be like going to far with this matter. 

05. Besides, if possible also file an Informatory Application under section 39 of the CrPC on the same ground stating that the concern is a harasser and molester and is trying to harass and molest you. This case is also an informatory one so no notice will be issued to the opposite party and you will be entirely safe from all future consequences. 

Rest assured, you are a free bird and you have your whole life ahead of you. Go and enjoy that and marry to whomsoever you want and wish. Nobody is going to stop you. 
My best wishes for your future. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

The videos of getting the nuptial knot tied and exchange of garlands are ample evidence to prove your marriage hence you cannot deny the solemnisation of marriage especially which had taken place before God, which is considered as vital thing as per Hindu religion.

If you marry somebody without dissolving this marriage your husband may sue you for the offences of bigamy.

Hence is it better that you file a divorce petition on the grounds of cruelty, desertion, non-consummation of marriage etc, get your marriage dissolved by a decree of divorce and then plan to marry another person

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can file an annulment petition within one year from the date of marriage for non-consummation of marriage.

The time taken for disposal of this case cannot be predicted, it may take at least two to three years.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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