• Annulment of marriage

Dear Sir /Madam,

I got married last month. I had a grand reception and marriage. We are married but have not registered our marriage in registrar. 

Unfortunately, I came to know girl has lied her age - she has reduced her age by 8 years. moreover she had shown me dummy Aadhar card stating wrong Age. 

I am intending to apply for Annulment of my marriage. Before disclosing  her that I know the facts .. do I need to register marriage and than apply 

  or do I need to collect few more evidences or I just hire a advocate for annulment. 

or I just ask her to leave my house as I have not registered our marriage... 
Please advise the stratergy
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Well, manage to take copy of the forged adhaar card. Forging a adhaar card is a criminal offence.
2. on this basis you can apply for annulment of marriage.
3. Since you have performed social marriage , the same is valid like a registered marriage and non-registration of marriage is no added advantage.
4. These things has no connection with asking her to leave the house. You can do so if you have decided to file the case anyway.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Registration of marriage is not very important. The evidences of marriage solemnisation will  be sufficient to prove that the marriage has taken place and the marriage to be valid.  
If you are planning to file petition to annul the marriage, you dont need to register the marriage and then apply for it.  You can do it straight away. 
In my opinion telling lies about the age cannot  be a ground for seeking annulment of marriage. 
Consult a lawyer with the case details and proceed as per his further advise. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1) do you have your wife bio data wherein she has mentioned her wrong age . 

2) in order to file for annulment on grounds of fraud you have to prove that your wife lied you about her age . 

3) even if marriage is not registered you can apply for annulment of marriage 

4) you must be having marriage photographs and invitation card . it is sufficient to prove your marriage 

5) be prepared that if you   file for annulment your wife may file false cases against you namely DV and 498A 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
1. It is not mandatory to register your marriage to apply for divorce or annulment. 

2. Since it is your claim that she had shown you a dummy aadhar card you would require proof of her actual age such as her Birth Certificate, Matric Certificate, PAN card etc.

3. She cannot be removed from the house unless and until there is a legal separation. Absence of registration of marriage does not confer on you any right to evict her. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
5.0 on 5.0
The lying of age, Education, job are not grounds for annulment of divorce. Annulments are rarely granted and when they are, very specific circumstances must exist. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law.

Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage; 
5) If the consent to the marriage was based on fraud or force; 
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If you are a hindu registration of marriage is not a must. you may proceed with annulment. your wedding photographs affidavits of those who attended the marriage and their statement in court regarding your problems will suffice as evidence.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
1. She is your wirfe now and you can not ask her to leave your house,

2. Please note that, if cornered, she can file dowry harassment and DV case against you,

3. She can also file maintenance case against you claiming amount for her maintenance,

4. You can file a petition for annulment of your marriage which was slemnised through hindu rituals, on the ground that your consent for the marriage was availed by supressing/hiding fact and had the fact been not supressed, you would not have consented for the said marriage,

5. Engage a local lawyer having expertise in this field to deal with your matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) marriage invitation card and wedding  photographs are sufficient to prove marriage 

2) if you have evidence that your wife has misrepresented her age you can file for annulment of marriage under provisions of Hindu marriage act 

3) you can file petition in Mumbai as if you file in Navsari your wife will move SC to transfer of case to Mumbai 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
1. Marriage invitation card and photographs are sufficient to prove marriage.

2. PAN Card is sufficient to prove her date of birth.

3. Since she is working she is not entitled to alimony.

4. You can file where the marriage took place or where both of put up together as a couple. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
5.0 on 5.0
1. You can file suit from--
a. where marriage was performed
b. where she is currently residing
c. Or where both of you last resided together.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. The documents you have collected are enough for you to file the petition for annulment of your marriage,

2. File the petition at the Court having jurisdiction of the area where she presently stays as otherwise she may file a patition to shift the case to court of her area which will delay the proceedings. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Here the suppression of real facts has big roll in Annulment of marriage. your consent for the marriage was availed by suppressing/hiding fact and had the fact been not suppressed, you would not have consented for the said marriage, But you have to prove through evidence. The best thing is to file the petition at Mumbai 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The evidences in your possession will be sufficient to prove that the marriage took place between your and her. 
You can file the case from 1) place of marriage or 2) place where you both jointly live last  or 3) at her place of residence. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
You may file a case where the couple last stayed together or city where you got married. These are two options available to you. 

Your marriage need not be registered for annulling the marriage. 

That adhar card can be of a great help to you in your case in future so if you have kindly preserve it. 


Regds,

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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