• Divorce from minor girl, mother-in-law harassing

Hello. 
I would like to know if i can take divorce from my wife. She is only 17. I got married in feb 2015 with her elder sister. But she was having affair with someone else. So she committed suicide with him. Later on my mother in law forced me to marry her younger sister. And told me that she is 18. My mother in law tortured me emotionaly (crying all the time on my place). I have my neighbors who saw her doing like this. So i got married again with her younger daughter on may 2015 by all hindu rituals. After marriage mymother in law told me she is only 16. My wife lived 4 months with me. And then mother in law took her away. As my wife is immature, so she cant have decision over her mother.  Now her mother is harrassing n torturing me. That she will file a false case of dowry n even she told me that i will kill you. Everything i have recorded in call. She is a psycho woman. I dont know what she want from me now. Now she makes my wife against me also. She told me i will not send ur wife. And also i will not let my daughter sign divorce. I asked her what is my fault. She cant tell anything my fault is nothing. But she told i will make my daughter file all possible false case against you. And i will kill you also. I have evidence also proving that ( recording conversation). She is harrassing n torturing me unnecessary. Bcoz of her psycho behave. I cant count on my wife, she is immature and dont understanding anything. She will do  watever her mother will tell. So now she is not sending my wife and also warn me not to give divorce. Now what can i do please advice. This can be very dangerous for me to keep relation with her. I want divorce please tell can i take divorce from my wife even if she is not ready, immature. And also evidence like recorded call of her mother can help anything? I dont have anything recorded with my wife as her mother dont let me talk with her. But i know my wife will do watever her mother will tell her. Please advice.
Asked 12 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) yiu cannot file for divorce unless period of one year has elapsed except in exceptional circumstances 

2) wait for expiry of one year from date of marriage then take a call 

3) if wife files 498A case obtain anticipatory bail from sessions court 

4) recorded call recordings will help you in your case 

5) don't take any hasty step 

Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
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1. If she does not agree to mutual divorce then the remedy for you is to file for nullity of marriage on the basis that the age of your wife was misrepresented to you before the marriage.

2. The recordings in your possession can be used to repel the criminal charges, if any filed by her.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
Actually marrying a minor girl is illegal and is invalid, null and void as per law. 
You do not have to file divorce case, instead you can file a petition to annul the marriage  as the marriage is null and void due to the minority of the respondent at the time or marriage.
Her mother cannot file dowry harassment case because the marriage itself is null and void and she can be held responsible for forcing her minor daughter into marriage with you.
In fact you can file a criminal intimidation complaint against her mother for threatening you.
Since marriage is not valid in the eyes of law, you should immediately file a petition under section 12 of HMA seeking to annul the marriage by decree of nullity. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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n Makemalla Sailoo v Superintendent of Police Nalgonda District , [II (2006) DMC 4 AP],  the Andhra Pradesh High Court held that although child marriage is an offence under the Child Marriage Restraint Act, such marriages are not void as per the provisions of both, the Child Marriage Restraint Act as well as the Hindu Marriage Act.

2)  court have ruled that once a girl or a boy attains the age of discretion and chooses a life partner, the marriage cannot be nullified on the ground of minority 

3) in your case marriage was performed with consent of girl and her  parents . it would not be a nullity 
Ajay Sethi
Advocate, Mumbai
23401 Answers
1230 Consultations
5.0 on 5.0
The result of a legal proceeding cannot be foretold by anyone. She will be given the opportunity to contest the nullity proceedings. It may take a year to two in the court. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
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One of the Conditions of the annulment of the marriage is, the marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.So you can file a case of Nullity of marriage at any time (Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.)
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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the marriage of minor bride who had not completed age of 18 years is neither void nor voidable.Section 5 Hindu Marriage Act, 1955 sets out the conditions for a hindu marriage, one of them [clause (iii)] being the stipulation as to ages of the bridegroom and bride.But, the fact that punishment has been provided for contravention of the condition specified in section 5(iii) of the HMA does not mean that the marriage itself is void or invalid. If the legislature had intended that such a marriage would be void or invalid, it could have easily included clause (iii) of section 5 in Section 11 itself. Only clauses (i), (iv) and (v) of section 5 are specifically mentioned in section 11. The only conclusion is that the legislature consciously left out marriages in contravention of the age stipulation in clause (iii) of section 5 from the category of void or invalid marriages. Himachal Pradesh High Court [Seema Devi alias Simaran Kaur v. State of H.P.: 1998 (2) Crime 168], it was held that a marriage in contravention of clause (iii) of section 5 of the HMA is ?neither void nor voidable although it may be punishable under section 18 of the HMA. 
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
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Hi, it is better you can file a petition for divorce on the ground of cruelty as you have sufficient evidence to prove that she and her mother has inflicted cruelty to you.

2. Your wife may lodge a police complaint against under 498/A IPC for harassment, in that circumstances you have to get anticipatory bail and contest the case on merits. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your 2nd marriage is illegal since your present wife is not of marriageable age,

2. File a petition for annulment of your marriage since your wife is not of marriageable age which was hidden from you by her mother before your marriage,

3. You shall have to submit evidence of her being under aged for marriage with you. 

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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