• Marriage annulment Laws

My Sister got married and her husband sent her back next day saying they are not compatible and her mother in law claims she is not pretty enough. Now that he got some legal advice , he wants to meet her outside and try to make it. He is still not ready to bring her home. We are concerned about her safety and planning to get the marriage annulled. In such cases, is a woman entitled for maintenance. Please advise.
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

Don’t rush for divorce let them come forward. Marriage is not a joke, you marry someone and complaint that she is not pretty enough or she is compatible. You can force them to come to your terms. I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

Employed or not, he is bound to pay for maintenance to wife. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks.  

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

The Woman would be entitled for maintenance after the marriage is annulled. 

Shashidhar S. Sastry
Advocate, Bangalore
4469 Answers
263 Consultations

5.0 on 5.0

Annulment won't do you any good because that means tge marriage never existed in the first place and hence no maintenance. Moreover, annulment is sought when something/some important issue was kept hidden from the otehr party.

Therefore file a maintenance application against the husband.

File a rcr application immediately.

File a domestic violence case against him and his family.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Is your sister living in India? Or U.S

Sital Patil
Advocate, Kota
139 Answers

Not rated

Hello,

  1. Your sister can file for annulment of marriage only on valid grounds available under Hindu Marriage Act 1955, which includes non-consummation of marriage on part of the offending spouse within one year of marriage. Alternately, she will have to wait till completion of one year of the marriage to file for divorce.
  2. She is certainly entitled to maintenance, if   she has no means to sustain by herself and is financially dependent on someone for her survival.
  3. She can certainty seek alimony, by way of compensation for having been drawn into a marriage that her husband had no intentions to take forward.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

Your sister can file DV case against her husband seek right to stay in her matrimonial home , maintenance and compensation for mental torture undergone by her 

 

2) she can file for divorce on expiry of one year of marriage 

 

3) she can file for anullment within period of one year of marriage on grounds of fraud 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

DEAR SIR,

1. if you want to reinstate the marriage, then you can file an RCR petition before the Dist Court

2. If you  want to institute a criminal case against then you can file for  a Domestic Violence case against the husband and seek maintenance and compensation for mental torture.

3. in case of annulment the wife can seek permanent  alimony and maintenance

Thank you

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

There are no grounds for annulment of marriage.

If her husband has sent her out of the matrimonial house, she has to approach legal authorities or the court for remedy to this dastardly act.

She can file a DV case agaisnt her mother in law, husband and seek the reliefs of protection, residential rights, compensation for the cruel acts unleashed against her, monthly maintenance, return of her articles including stridhan articles, etc.

She can file a separate maintenance under section 125 cr.p.c. too.

She can file a petition under section 9 for restitution of conjugal rights.

If she is not willing to continue the married life with him and if their marriage is more than a year old, she can file a divorce case on the grounds of cruelty 

 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

1. If marriage is annulled then wife ceases to have the right to claim maintenance as annulment means marriage never took place in the first instance.

2. She is free to file for divorce though after a year from the date of marriage.

3. Nothing stops her from claiming maintenance under DV Act and 125 Cr.P.C.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

 Firstly you should know that for your sister Divorce will be not a better result for her future. Hence, before taking Divorce decisions, she is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Further, if you don’t want to create problems for your sister’s husband, and proceed for divorce, then you can get divorce decree within a short period of time, after filing mutual divorce petition. 

 

You can contact me , if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

There are two ways to legally end a marriage – annulment and divorce. 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.

It is mandatory to be filed within one year of the marriage or 1 year from the date when the fraud came into light.

. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy – either party was already married to another person at the time of the marriage

Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.

Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.

Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.

Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.

Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.

Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.

 

In your case better option is to file DV case and seek residential right if she wants to continue the married life with him. She has every right to get maintenance from her husband. If she is not willing to continue the relation then file a divorce after 1 year of marriage  

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

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