• Need annulment from a forced marriage

Hi,
My ex girlfriend Ms.K parted ways 10 yrs ago. But I still had some hope and waited for her. I met Ms.K parents in 2006 as I wished to her marry her, they including Ms.K denied this relationship and said I belonged to lower caste.
2 yrs ago I met a girl Ms.S and after a year of knowing each other I decided to move on. Ms.K came to know that I was moving on through a comman friend. Since then she has been calling and wants to meet me regularly. She spoke to her parents that she wants to marry me and her parents said no to this relationship as I belong to a different & lower caste. To convince her parents and stop me from moving on she found a way out "SUICIDE."
On the 14th February she had her first attempt by consuming a bottle full of pills and tried to hang herself. Her parents agreed but she couldn't hold me back. When my parents heard of her attempt they supported her and the parents spoke among themselves and decided all the dates without my knowledge. Even then I did not agree, she started to threaten to drag me and my parents to court.
I was left with no choice but to agree and got married to Ms.K In april 2015. Since then we have been arguing everyday and when I speak to the girl I wanted to marry she threatens on more suicide attempts. The girl I wanted to marry Ms.S chose to move on and I was left with Ms.K. For the past 6 months there have been 4 suicide attempts and multiple arguments. She leaves for her home town promising never to return, but shows up at my house within 10 to 15 days.
She abused Ms.S who left and sent her messages full of threats. I want an annulment from this marriage as soon as possible. My work and my parents have suffered a lot. I can't see this happening anymore. I want a way out and I want my parents & family members to be unhurt.
Please advise.
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu
1) your wife needs to consult a psychiatrist . 

2) she must be suffering from mental illness and needs treatment 

3)it is better you file for divorce on grounds of mental cruelty after expiry of one year of marriage . 

4) you married her in April 2015 you can file petition for divorce after expiry of one year from date of your marriage 

5) chances of annulment are bleak . if you were forced to marry your wife you should not have continued the relationship for last 6 months . 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
As per your query your marriage was done on April 205. So if you decided for divorce you have to wait until June 2016 for filing a petition for divorce. There are two ways to legally end a marriage – annulment and divorce. 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. 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. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.

Conditions of the annulment of the marriage are:
a.     The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)
b.    It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c.     This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.
d.    The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)
e.    The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year
f.      The parties of marriage should not be impotent or have the disease which can be unable to bear the family.
g.    The parties of the marriage should not be of unsound mind.
h. The parties of the marriage should not be in any marriage earlier, and if the marriage has happened, the divorce should have been happened (except for Muslims) before the second marriage.

In your case approaching a psychiatrist  is advisable now. 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Hi, After completion of one year of marriage you have to file a petition for divorce on the ground of cruelty.

2. Though you may sought for annulment of your marriage the Section 12 of the Hindu marriage act provide annulment of marriage but from the averments of your case it is not a fit case to file a petition for marriage on the ground of void marriage. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. I find ni ground for annulment of marriage.
2. However on the ground of tortures that you are suffering from her hand you can file suit for divorce on the ground of mental pr physical cruelty.
3. However since one year has not passed as yet , you have to wait till April for filing the same.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
This cannot be termed as forced marriage because you have married her and at the time of marriage you had chances to protest which you did not do.  
She does not appears to be in a sound and stable mind and in the name o possessiveness, she is actually doing blunder may be because she has a mind set that anything going against her shall be a harmful thing to her.  
She may be taken to a psychiatrist for counselling or treatment 
Divorce on mental illness or cruelty can be filed after completion of one year of marriage.  There are less chances for annulment. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1. You should never have married her in the first place if you did not want to marry her. There were lots of remedies which you could have adopted under the legal framework to neutralize her attempts to force you to marry.

2. Now that you are married and want to annul the marriage you have to prove that you were threatened with adverse consequences by your wife before marriage, and that you married her to preempt those consequences. The evidence of her threats has to be such that it is insurmountable in the court. 

3. It is most likely that your wife will retaliate by filing cases of dowry and assault against you and your family members if you file for separation, which you should be prepared to contest.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1) if your wife commits suicide and leaves a suicide note police will file case of abetment to suicide 

2) psychiatrist reports that wife is suffering from mental illness will help save from the clutches of law 

3) you can file for divorce by mutual consent after one year of marriage 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. You may be arrested and prosecuted for abetting the suicide of your wife if she commits it. 

2. The only solution to your misery is to file for divorce against Ms.K. Immediately after filing for divorce you may also file for injunction against Ms.K, which will neutralize to a great extent the adverse consequences which may ensue if she commits suicide.

3. If she agrees to mutual divorce then you can move the Supreme Court to waive off the mandatory cooling off period of 6 months.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.

The provision for judicial separation is contained in section 10 of the Hindu Marriage Act, 1955

A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought, and one among them is insanity.
Even where a decree for judicial separation is passed in favour of the husband, maintenance may still be awarded to a wife.
Though section 10 of the Hindu Marriage Act does not provide any time as to how long judicial separation can last. But section 13 of the Act provides that if there is no resumption of co-habitation between the parties one year after the decree for judicial separation is passed, the parties can get a decree for divorce on this ground itself. But divorce on this ground will be given only when one year has expired after the passing of the decree for judicial separation and not earlier.
Thus judicial separation is one option before you now. 
You can apply for it on the grounds of cruelty. Definition of Cruelty: Treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party. Cruelty contemplated by the aforesaid clause may be both physical and mental.   Mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The  situation must be such that the wronged party cannot reasonably be asked to put in with such conduct and  continue to live with the other party.
Judicial or legal separation permits the parties to a marriage to live apart. It is a relief short of actual dissolution of marriage. So long as the decree is in force the parties to the marriage are permitted to live apart and it shall no longer be obligatory for either party to cohabit with the other.

Now you can decide further course of action.
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
You have to wait for completion of one year . Less talk more hear is the best policy .
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0

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