File petition for anullment within period of one year of marriage if consent to marriage was obtained by fraud or coercion 

2) if your husband contests anullment proceedings it would be a long drawn affair 

A divorce petition has to be filed ie a mutual consent divorce petition if he is ready to divorce you. If not then a contested divorce petition has to be filed where you live. He will be served with a notice.

You can file a petition under section 12 of HMA seeking to annul the marriage for non consummation of marriage.

This is the only option before you to cancel the marriage within one year or you may have to file a divorce case after one year of marriage.

Dear Client,

In Gujarat, an annulment can be granted on the grounds of marriage being void or voidable. A void marriage is one that is invalid from the start, while a voidable marriage is one that can be annulled by a court.

In your case, the marriage was voidable because it was entered into under duress. Duress is a situation where one party is forced to enter into a contract or agreement by the other party using coercion or threats. In your case, your ex-husband emotionally blackmailed and brainwashed you into marrying him.

To get an annulment on the grounds of duress, you will need to file a petition in the Family Court in Gujarat. The petition should include the following information:

• Your name and address
• Your ex-husband's name and address
• The date and place of marriage
• The grounds for annulment (duress)
• Any supporting evidence, such as witness statements or medical records

The Family Court will then issue a notice to your ex-husband, asking him to respond to your petition. If he does not respond, the court may grant the annulment without his consent.

The annulment process can take several months, but it is usually faster than a divorce. Once the annulment is granted, your marriage will be considered void from the start and you will be free to remarry.

You need to file for annulment in family court and it will take time and will not be granted asap

- As per Delhi High Court, physical intimacy is an essential aspect of marriage and continuous refusal to have such relationship with each other can be a ground for divorce,

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

- Hence, if your marriage was not consummated , then you can file a petition before the family court  for annulment of the marriage. 

- Further, if he will not appear before the court after receiving the notice of the court , then the court may pass ex-parte decree after admitting your petition, and the said decree is valid 

1. As of now you are his legally married wife.

2. You shall have to either avail the decree of divorce by filing a mutual consent divorce suit or a contested divorce suit on the ground of cruelty to start afresh in your life. Non of the reasons shown by you constitute a valid ground for seeking decree of divorce as per law.

3. You can also file a petition seeking annulment of marriage on the ground that your consent for the marriage was obtained by him by suppressing valid facts and had those facts been made known to you, the consent for marriage would not have been given by you. This petition shall have to be filed within one year from the date of coming to know about the said vital fact which has been suppressed from you. If he agrees for the annulment, this is the best way and he should not contest the case or agree for the annulment.

Since one year from date of marriage has not lapsed so file petition for annulment of marriage on the ground of being forced marriage, non consumation of marriage. 

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. Now, since you presently married to him on paper, therefore, you have to file annulment petition as soon as possible in Gujarat through Advocate. Unlike divorce, the process of annulment of marriage in India is relatively shorter and has fewer intricacies involved.

Below is a brief of the procedure for the annulment of marriage in India.

• The parties' residence plays an important role in deciding the jurisdiction of the matter. 
• Either partner can file a petition where she/he was born, where the marriage was solemnized, or has been living together. 
• A petition should be presented before the concerned court under different personal laws. Such as, under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954, one can refer to the Family court or city civil court to decide the matter. Under Muslim law, a matter is decided by religious practice.
• After filing the annulment petition, the court issues a notice to the respondent providing a chance to reply and present before the court.
• After proving a marriage void or voidable, the court will pass a decree as per the pieces of evidence and arguments made by the parties.
• Once, the decree of nullity is passed, one can obtain a copy of the decree and annulment papers by paying the requisite fee.

There are specific grounds of annulment of marriage which can vary sometimes, but are generally limited to deceit, blood relationship, bigamy and mental ineptitude as mentioned below:

• Either spouse was already married when the marriage took place;
• Either spouse was not at an age of marriage as per law;
• Either spouse was under the influence of drugs or alcohol at the time of the marriage;
• Either spouse was mentally retarded or ill at the time of the marriage;
• If the marriage was consented consent on the basis of any fraud or force;
• Either spouse was physically incompetent to be married;
• If the marriage is proscribed by law due to the relationship between both;
• Criminals who have already sentenced to a term of life imprisonment may not marry.
• In the case of Concealment of an important fact (e.g. one of the parties concealed previous criminal record, drug addiction or a sexually transmitted disease)

There is no prescribed time for annulment of marriage through the Family Court. Depending on the court's calendar, the entire process may take six months to four years.

If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply. In case Anurag Anand v. Sunita Anand, the court held that false particulars in bio data based upon which the marriage was solemnized amounts fraud and the aggrieved party may annul the marriage.

 You may contact my secretary to connect with me for clarification. Detailed discussion is required in such cases. 

Gopal Verma

Advocate on Record 

Supreme Court of India 

Apply for mutual divorce. Contested divorce will take years.