Want to void marriage immediately
HI, I am anjali ,and I got married on 20th May 2015. But the marriage was forcefully.My parents put pressure on me to get married. But I am not happy with this marriage hence I left the home of my husband and living at my parent's home after 5 days of marriage day. I want to void this marriage immidieatly. please suggest as divorce will take too much time. thanks ....
Asked 2 years ago in Family Law from Bangalore, Karnataka
1)Valid consent means free and voluntary consent.
A marriage entered into without valid consent may be voidable under the HMA if it can be established that the consent of either party to the marriage was obtained by fraud or force.
2) you can apply to family court under section 12 (c) of HMA for annulment of marriage
3) petition should be filed within period of one year from date of marriage
Your statement is contradictory and lacks logical reasoning. You say that you were forcefully married then why you were not forced to stay at your matrimonial home? How come you were allowed to leave your husband within 5 days of getting married? The situation you've mentioned have no grounds for a void marriage.
Hi Rajni.... At time of marriage parents forced but after marriage no body bothering about my life. As whatever they wanted they got. Also I got some health issue also after marriage . So right now nobody is forcing for time being.Please suggest,
Asked 2 years ago
Hi, you have to file a petition for void marriage on the ground that the consent has been obtained by force.
2. You have to file this petition with in one year of your marriage.
you have to establish that you were forced to marry by your parents . immediately after marriage after 5 days you left your husband . you should move court at the earliest as under HMA marriage is voidable if consent was obtained by force
file a petition before family court under section 12 of Hindu marriage Act-1955 and try to get the same
Advocate, New Delhi
Under The Hindu Marriage Act, 1955 the grounds for void marriage are:-
* Neither party has a spouse living at the time of the marriage,
* The parties are not within the degrees of prohibited relationship, unless the custom or uses governing each of them permits of a marriage between the two and
* The parties are not sapindas of each other, unless the custom or uses governing each of them permits of a marriage between the two.
The only option you have is to go for Mutual Consent Divorce after one year.
Hi madam, as per Hindu Marriage Act, 1955 once marriage is over, you will take divorce as per this Act. But you have to opportunity and to get right to declare the marriage is null and void under the voidable marriage. In this regard you have to file the suit for declaration of marriage is null and void as voidable marriage against your husband in respect of by forcible or cheating to you without your consent done the marriage. You should prove it at the time of marriage your parents was forced to you. ... if you want my legal service in this regard I will do it.
You can file a petition for annulling your marriage as it was done without your consent or you were forced for it. An annulment petition seeking the decree the marriage as null and void can be filed on the said grounds. You can go ahead.
1. You are required to file for annulment of marriage in the court wherein you will have to prove that your marriage was under force employed by your parents.
2. If your husband is in agreement with you to end the marriage then both of you can file for mutual divorce which is the quickest possible way to draw curtains on the marriage.
I want to know whether you husband knew at the time of marriage that your are coerced?. What is his reaction now after coming to know about your intentions?
If he wants to contest your claims, you may be asked to prove your allegations to the satisfaction of the court. If he also agrees to nullify the marriage and doesn't contest you, will get relief quickly.