I am married to a guy in court who my parents chose through a matrimonial website. There were no engagement or social ceremonies. Post marriage we never stayed together and the marriage was not consummated. The guy works and stays abroad. The sole purpose of the court marriage was to initiate visa for me to accompany him abroad when our social marriage takes place in a couple of months. The visa process takes few months and court marriage was done so that it can be ready by the time our social marriage takes place.
Now, I have realized I am in love with someone else and don't want to be with the guy my parents chose. Is annulment of marriage an option? On what grounds? What do I need to do? Whom to approach? Is consent from the guy I am married to required? Or, will it be a divorce? It has been two months we r married....Please help. I am very tensed. Please suggest what options do I have?
Asked in Family Law from Pune, Maharashtra
1) you can file for divorce only on expiry of one year from date of marriage except in exceptional circumstances
2) if your consent was obtained by fraud or coercion you can file for annulment within period of one year of discovery of fraud
3) you can file for annulment if husband is impotent and marriage could not be consummated
4) if your husband opposes annulment proceedings you have long legal battle ahead
5) contact a local lawyer
If the spouse is agreeing and consenting to break the marriage by responding accordingly to the annulment petition to be filed by you for getting your marriage by a decree of annulment by a court of law you can file a petition before the jurisdictional court for annulling your marriage.
You may state the reasons that this marriage was forced upon you by your parents without considering your objections or unwillingness to this marriage and you can also state that the marriage was not consummated till tis date hence you have sought the help of court to annul the marriage by a decree and judgement. You can inform the spouse to receive and remain absent from appearing before the court so that you can get exparte decree or he may appear and express his solidarity with you stating that he too discovered that you were not willing for the marriage but it was forced upon you against your wishes and willingness and hence he has no objection to submit to the decree prayed for by you to annul the marriage.
Legally you have to wait till one year and file divorce but if there is any fraud and force used by your parents or him you may file an annulment petition before family court.
Advocate, New Delhi
Hi, As per law there is no court marriage as such, the marriage is law full only when it was registered before the Sub-Registrar office and they have to issue the certificate of marriage.
2. So the court marriage is not a marriage at all, pls contact the local advocate and verify your documents so that you must know the genuineness of your marriage.
1. Annulment of marriage is not an option as you married without force employed by either your parents or your husband.
2. The best option is to file for mutual divorce, but this is possible only if your disclose your feelings to your husband, and he agrees to end the marriage through mutual divorce. If he does not agree to mutual divorce then you better consult a lawyer personally as your query does not disclose any ground on which you can unilaterally file for divorce. That you fell, subsequent to your marriage, in love with another guy, is not a ground for divorce. Rather, it is a crime punishable under the law depending on the nature of relationship you enjoy with your paramour.
3. Law does not permit filing of divorce unless a year has expired from the date of marriage.
4. There is no other legal option available to you.
1. No. You can not seek annulment as per your wish. There is no ground for your seeking annulment,
2. However, if your husband agrees to admit before the Court that he is impotent, then with his consent you can file the annulment petition,
3. if your 'that guy' files a written statement before the Court admitting to your allegation that he is impotent or does not contest the case by not appearing before the Court, a decree of annulment in your favour will be issued by the Court.