• Annulment of marriage

Hi,

I got married on Nov 14th, 2021. My husband is not physically fit and he is mentally not fit. From day 1 onwards he is harassing also. His first marriage is still divorce process is going on , he married second time( Fake marriage) and the divorce process is going on ( This marriage he hided from me) and he married me Can I file for annulment of marriage in India
Asked 4 years ago in Family Law
Religion: Hindu

6 answers received in 2 hours.

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14 Answers

1. You can file for Annulment of Marriage  within one year of marriage due to the reasons mentioned by you, which are the recognised grounds to file for Annulment of Marriage.

2.  If you can produce enough evidence of the allegations, the marriage can be annulled between six months to a year.

3.  You have to apply for Annulment of Marriage in the jurisdictional District Court in India.

 

Shashidhar S. Sastry
Advocate, Bangalore
5638 Answers
339 Consultations

Second marriage during subsistence of earlier marriage is nullity 

 

file petition for declaration that marriage is nullity as husband married you during  subsistence of earlier marriage 

 

fike case of bigamy against husband under section 494 of IPC 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

Contact r a local lawyer 

 

disposal of petition would depend upon pendency of cases in family court 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

Yee you can file for annulment

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

You can collect the details of his first marriage, status of the same and his medical records, file a petition seeking annulment of marriage before the appropriate court in India.

 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

Filing a petition seeking annulment of marriage  is also another regular case.

The procedures would be let known by the advocate who you may engage for this purpose.

The time take for disposal of this case cannot be predicted owing to various factors involved in this process. 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

- As per Hindu Marriage Act, one cannot remarry without getting divorce from first marriage , 

- Since, the divorce has not taken place , then second marriage with you is not legal in the eye of law. 

- You can lodge a complaint against him for the cheating in the name of marriage., and also under the Bigamy Act 

- Further, you can file a petition in India for annulment of marriage . 

Mohammed Shahzad
Advocate, Delhi
15861 Answers
243 Consultations

You may very well file for annulment of marriage on the grounds of infidelity. You have to execute a special PoA in favour of your relative or friend living in India to file the petition and appear before the court on your behalf. It may take 6-12 months to get a court order.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

You can definitely file for annulment of marriage of marriage in grounds of mental illness, bigamy and fraud.

You can also file a criminal complaint against him with the police for the offence of bigamy and fraud.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear Querist

as per section 5 of the Hindu Marriage Act, the marriage solemnized by the person during the subsistence of first marriage is void ab initio, you may file an annulment petition under section 11 of The Hindu Marriage Act before the family court where the marriage was solemnized or where the parties of the marriage resided together or where the wife is residing.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear client, 

this marriage is not legally valid as the divorce process is still going on. If you approach the court, they will declare that there was no marriage between you 2. 

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

1. Your stated marriage, under the stated circumstances, is invalid as per law.

 

2. You can file an annulment petition seeking for an order of annulment of your marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

1. You shall have to file the annulment petition before your local Court within one year from the date when you came to know about his earlier marriage to his existing wife from whom he has not taken divorce before marrying you.

 

2. Engage a local lawyer having expertise in this matter to take up your case.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

                                                               

 

 

 

 

 

 

 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

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