• Annulment of marriage

Hi, I have a friend who was about to be the married end of this year. But now both sides are calling it off because the couple feels they are not an ideal match in personality terms. My friend has settled abroad and was in India to meet the girl two months back. They decided to register the marriage via Arya samaj Hindu wedding procedure and then do the bigger wedding later. It was to allow them to sort the visa process in due course. They have the marriage certificate per se but never lived together. Both have been living and working in separate locations. What options do we have now to call this off sensibly? Both parties agree.
Asked 6 months ago in Family Law
Religion: Hindu

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14 Answers

If the same is not registered and marriage has not occurred. No need of any document to be executed

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

If they have a marriage certificate issued by the competent jurisdictional Registrar(Registrar of Marriages) it implies that there marriage is registered in the official records. Hence, the only way out is either to get a declaration of nullity of this marriage/marriage certificate; or to obtain mutual divorce. 

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hi

 

Since they have solemnized marriage under arya samaj ceremony, they will have to get a divorce from court under Hindu Marriage Act.

Best is to apply for a mutual divorce on completion of one year of registration/solemnization date of the arya samaj marriage.

Completion of one year from date of Marriage is mandatory to file mutual divorce.

Annulment or a petition for nullity is not the option considering the facts in the present case.

Thresiamma G. Mathew
Advocate, Mumbai
1633 Answers
212 Consultations

5.0 on 5.0

- Since, your friend has already performed the marriage as per Hindu Customs , and got the marriage certificate , then , legally she is his wife. 

- However, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage.

- Hence , if they never lived together as husband & wife  , then this marriage can be declared as null and void after filing a petition for Declaration before the Family Court. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

File for  divorce by mutual consent 

 

2) consent terms can mention that marriage has not been consummated and are staying separate for period of one year 

 

3) mutual consent divorce rages 6 months 

 

4) in alternative your friend  can file for anullment for marriage on grounds of impotency of spouse or fraud or being forced to marry against her wishes 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hello,

  1. The marriage as a matter of fact cannot be called off as the Arya Samaj wedding rituals has made it a subsisting and valid marriage.
  2. They will need to file for a divorce by mutual consent after completion of one year of the  Arya Samaj Marriage. It will take another six months from then for the divorce to be decreed enabling both parties to remarry.
  3. Annulment of marriage is not applicable in your case as there exists no exeptinal circumstances.

S J Mathew
Advocate, Mumbai
3415 Answers
175 Consultations

5.0 on 5.0

if their marriage has been registered before the concerned marriage officer/registrar then this marriage can be held as legally valid.

As the period of marriage is less than one year, either of the person can file a petition under section 12 of the HMA and seek for annulment of marriage on the grounds of non consummation of marriage 

If the other party to the marriage receives the summons from court and decides to abstain from attending the court then the court may pass an exparte decree annulling the marriage between them.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

If the marriage is not consummated, go for annulment. 

Dalip Singh
Advocate, New Delhi
1050 Answers
36 Consultations

5.0 on 5.0

If the marriage has been registered before the registrar then you hage to file a mutual consent divorce petition and take divorce. If inly an arya samaj marriage ceremony has taken place it can be avoided. 

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Dear Client, 

Arya samaj marriages cannot get cancelled or divorce cannot happen in the arya samaj mandir, it only need to happen in the court. Apply for divorce in the court. 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

If the marriage is performed less than year can go for annulment of marriage otherwise have to perform divorce irrespective of their living together or not.

Ganesh Kadam
Advocate, Pune
12423 Answers
193 Consultations

4.9 on 5.0

Marriage registered in Arya Samaj is valid and subsisting it has to be dissolved by decree of divorce from Court. Wife of such marriage can file 498A and other cases against husband. If both are ready for divorce , both can file a petition under Section 13B of Hindu Marriage Act, 1955 for divorce by mutual consent. Conditions are—

1. Both are living separately from one year.

2. The grounds for divorce must be stated clearly.

3. Both the parties should approach the court.

4. Any spouse if residing abroad can give GPA to his relative in India and appear in Court through video conferencing.

5. Depending on place of residence of the divorce petition can be filed in Family Court, Hyderabad or Secunderabad.

Contact local lawyer and engage him it six months for divorce decree.

Document required by both parties…

a. Aadhar card

b. Proof residence.

c. Proof age of both.

d. Passport photographs of both.

e. Proof of marriage, invitation card.

f. Marriage photograph with both.

g. Affidavit.

h. Divorce petition.

No second marriage till you get divorce.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

1. Registration of marriage at Arya Samaj Mandir signifies that they are legally married.

 

2. They shall have to follow all the required procedure for getting the said marriage annulled or get the decree of divorce.

 

3. For Mutual Consent Divorce, they shall have to wait  for one year after the date of the registration.

 

4. Your friend or his wife can file a petition praying for annulment of the said marriage on the ground that some vital fact was suppressed from him/her while taking his/her consent for the marriage and had the said fact been made known to him/her, he/she would not have given his/her consent for the said marriage.

 

5. The other side should not contest the said annulment petition and in that case, the decree of annulment of marriage can be availed.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

When there is certificate then its legal marriage.

When there is legal marriage then there have to be legal divorce. 

 

You can go for annulment which is easy but both have to agree and to be handled properly. 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

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