• Forced marriage

Due to some circumstances he forced to get married with a girl he never loved. Before the wedding he requested the girl to stop the wedding and she knew that he is not at all happy with the wedding. But she asked him to get married for the sake of parents and later told him to live the life he wants she also accepted that she'll be ok with his decision. Which includes he will not gonna have any physical relationship with her he can be just as a friend. After 10mnths parents n the the girl forcing him to have a physical relationship (consummation) can he file a divorce.. on which grounds can he able file the divorce.. please do help..
Asked 5 years ago in Family Law
Religion: Hindu

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23 Answers

You can file for anullment of marriage if you were forced to marry against your wishes 

 

2) only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

 

3) you have to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See as such there is no fault of girl as she is asking for the marital rights also there is no cruelty from her side so filing and getting divorce here can be difficult if it is not mutual. 

The guy can file for annulment if he was forced to marry before the family court.

Also to file divorce he has to accuse the girl or cruelty or other grounds as mentioned under hindu marriage act and has to prove same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

The husband has to consult a local divorce lawyer and chalk out options as it will help him to get divorce. As except for mutual consent it will be hard to get divorce in his situation.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir,

On the issue of consummation itself the marriage may be said as void and he may approach court for the required relief with strong averment and evidences. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

He can file for the nullification of the marriage on the basis of non consummation. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Respected sir....

If both are agree to get divorced then it will be much better for both of them. If they go for contested divorce then that will create problem just convince the girl to file a mutual consent divorce that will be the best option else there is another form of divorce where you have to file divorce under any of ground mentioned below.

  • Cruelty.
  • Husband Bigamy. ...
  • Repudiation of marriage. ...
  • Maintenance and Non-cohabitation: ...
  • Adultery: ...
  • Conversion and desertation .....

 

These are the ground in your case Desertation will be the best ground if you go for contested divorce petition....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

The marriage was against his wishes and he was forcibly marriwd to her under parental and societal pressure. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Concern,

Please note that - 

01. A marriage which has been forced upon someone is no marriage and can be nullified at the will of the party who has been forced into such marriage. You can apply for the nullification of your marriage under section 12 of the Hindu Marriage Act, 1955 acclaiming that you have been forced to enter into this marriage.

Remember there are few formalities which you have to insure while doing so - 

(i) There should be no cohabitation in between the parties which is true in your case, and

(ii) You must come before the court within one year from the date of the marriage. This means if your marriage has happened on 31.10.2019 then you must come before the court on or before 31.10.2020. If you fail to do so you will lose the right to nullify your marriage. 

Benefit of coming under this section -

You will become single once again once your marriage stands nullified instead of becoming a divorcee.

Difficulty in contesting this case - 

You have to prove that this was a forced marriage in between you and your wife. 

Ways to prove the same - 

Any documentary or audio, video proof will do the needful. Any text message even on social media messenger like whatsapp, facebook etc will also do in your case. These all are admissible under section 65B of the Indian Evidence Act.

More so above, if you can submit the proof of your forced marriage which dates prior to your marriage then that will be more beneficial to your case. 

Another important thing about law is, in Hindu law no marriage is considered as marriage unless it has been consummated in between the parties. In your case, the marriage is yet to be consummated so it is no marriage at all in the eyes of law. 

My best wishes to you.  

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

It's very confused relationship. You need to file a contested divorce on grounds of cruelty only

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Non - consummation of marriage is ground for divorce, because the marriage which isn't consummated, may be declared void . 

- Hence , he can file a divorce case on the ground of non-consummation of marriage. 

- If, both the parties are ready for divorce , then file a mutual divorce petition . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Since the marriage is not yet one year old, he can file a petition seeking annulment of marriage for the reasons that this marriage was forced on him against his willingness.

He also can state in his pleadings that the marriage was not consummated for the same reason.

The annulment petition can be filed within one year from the date of marriage or date of knowledge.

Divorce petition can be filed only after completion of one year of marriage and it will take a very long time especially the grounds for seeking divorce may not be maintainable, hence better file an annulment petition.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No ground. On the contrary, gril can file case of domestic violence and mental cruelty for non consummation of marrige.

To obtain divorce, boy have to prove forced marrige. And have to file divorce within 2 months on the ground of forced marrige. After one year of marrige, this ground dose not sustain.

Other grounds have to prepare. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

There are two ways to legally end a marriage – annulment and divorce. If you are withdrawing from marriage and relationship then file petition for nullity of marriage. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid.

 

Newly married couples cannot file a petition for divorce within one year of marriage. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. The most common ground for divorce is cruelty. There cannot be any comprehensive definition of the concept of mental cruelty. Mental cruelty is a state of mind. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. That he does not love his spouse is not a ground for dissolution of marriage under Hindu Marriage Act.

2. He can file petition for annulment of marriage if he has evidence to prove that his consent to marriage was obtained by force, but it will be very difficult to prove this.

3. The hassle free way to part ways is by filing mutual consent divorce which can be filed only after a year from the date of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

ask the husband to settle the matter amicably with the wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with own desire, 

mutual divorce cannot be filed right now since separation of 1 year is mandatory, therefore the couple had to wait till 2-3 months more,

the husband can also file a contested divorce on the grounds of mental cruelty but it will take around 3-5 years,

once he opts for the contested divorce she (wife) may file/claim

498a complaint 

Domestic Violence case

maintenance,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. The person can file for Annulment of Marriage based on forced consent.

2.  Let him obtain sufficient evidence to prove that he was indeed forced to marry the girl under duress, threat, force. Forced marriage is one of the grounds to obtain a favourable decree of Annulment of marriage wherein it will be treated as if marriage did not happen at all and the boy continues to be a bachelor as against the status of married man. Similarly the girl continues to be a spinster as against the status of a married woman.

3. Within one year of marriage, he can file for Annulment of Marriage.

4.  If the person for some reason does not intend to obtain a decree of Annulment of Marriage, then let him convince his wife to agree for Mutual Consent Divorce, which is fast, easy and mutually the husband and wife can settle the issues like assets, liabilities, alimony,. etc.

5.  Let him convince his spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 6. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

7.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

8. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

You people have started making mockery of the institution of marriage and because of this there is rampant degradation of social values and morality. 

Your boyfriend has married and let him live his life with his wife.  You are ni more in this marital life and hence stop ruining the life of a lady. You missed the bus when he married someone keeping the holy fire as witness. 

The grounds you are talking about is not for divorce. 

Move on in life and spare them for a lofe they decide to choose on their own. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You say it is forced marriage, you need to prove the reasons.

You can file for annulment of marriage, if you are forced to get married against your wishes.

You cannot file for divorce before expiry of one year from date of marriage.  However, if exceptional hardship is shown to court, then the court may consider.

Even if you file for divorce, you need to prove the grounds on which you file for the same it may take 5 to 10 years.

Best option for you is to go for Mutual Consent Divorce (MCD), wherein, it can be completed between one year to eighteen months.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes, he may file a petition for annulment of this marriage as this marriage was solemnized under the pressure and undue influence or the consent of the parties was obtained by fraud, as provided in section 12(1)(c) of Hindu Marriage Act-1955.

 

this petition shall be filed before the Family Court of the area where the marriage was solemnized or where the parties are residing together, or where the wife resides.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

To be a valid marriage, the spouses must have entered the marriage freely and voluntarily.

Since you were induced to marry by force and duress, the marriage is voidable and may be annulled. Approach the Court with a petition for annulment of your marriage.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. The boy should file case for annulement of marriage under section 12 on ground of non consummation of marriage and forced marriage. 

2. In this he can take ground that he informed the girl before marriage that he is not happy with marriage but girl force her on sake of parents and threatening for false cases against him.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you can file annulment before the family court. You will be governed under Hindu marriage act. This petition has to be moved one of you. Still court will direct you for counseling where you both can decide your terms for relief of annulment. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.

 The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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