• Annulment under special marriage act

Hi Team,
Two of my friends got married under special marriage act a month ago. This was a love marriage hidden from the parents. Under pressure from the parents they now regret the decision taken under emotional stress.
After approaching a lawyer, they were advised to go for an annulment stating that this was an arranged marriage and the girl had a relationship but could not disclose the same at the time of marriage. After the marriage she has decided to continue the relationship and refused to consummate the marriage and left from day 1 itself.
The boy can file a petition under wilful refusal to consummate the marriage. To avoid suspicion of collusion and make proceedings quick.. the lawyer advises the girl to accept the notice from belieef at the first instance but does not appear in court then the marriage can b anuled ex parte within 4 months.
could you please advise if this is correct approach ? (the girl may not be able to appear in court anyway as she needs to get married in 5 months time.
thanks
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you can apply for annulment of marriage within period of one year of marriage 

2) section 25 of SMA provides that . Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;

3) however annulment of marriage may take more than 5 months . 

4) girl has to disclose the fact at time of her remarriage . she should not suppress facts from her husband . in event she supresses the fact her husband may file for divorce
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
Annulment petition can not be filed in this matter they should filed mutual consent divorce along with an application for exceptional circumstances.
Or file contested divorce before family court. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. Yes, the strategy suggested is feasable,

2. Let them get the marriage annuled first after applying for it within 1 year of marriage on the ground of wilful refusal to consumate by the wife,

3. You can not be very sure that it will be over within 5 months,

4. However, if she remarries, she should not hide this incidence otherwise it will be a ground for seeking divorce by his next husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
In my view, the approach suggested seems improper and invalid as the facts ought not be twisted and concealed from the court. Parties must go to  the with clean hands.
Yes, after annulment, at the time of remarrying it should be disclosed for concealment thereof may lead to adverse legal consequences including annulment of second marriage too.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Better to go on facts and not to conceal the reality. Let the marriage be annuled on the ground of wilful refusal by the wife to consummate the marriage and at the time of remarrying let the fact be disclosed.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1. The legal strategy advised is practicable. 

2. Annulment may be sought within a period of one year. If this period expires then spouses may seek mutual consent divorce if they are into a positive agreement to end their marriage.

3. We cannot say whether it will be over within 5 months or not as how soon a case will be disposed depends on the pendency of cases in the concerned court. 

4. Annulment shall be disclosed at the time of remarrying, else her future husband may file for divorce.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
Section 27 of Special Marriage Act provides for various grounds of divorce. Wilful refusal of consummation of marriage does not appear to be a ground for divorce there.

Section 25 relating to voidable marriage is very straight and clear.

"25. Voidable marriages
 Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,-
 (i) the marriage has not been consummated owing to the willful refusal of the respondent to consummate the marriage;......"

There is no need to cook stories.  A straight ground of non consummation owing to willful refusal of the respondent to consummate marriage should suffice.

As regards quick disposal of proceedings, the strategy suggested by lawyer may be given a try.
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Hi,
they can go ahead and file petition under s.25(i) and there is sufficient reason as they did not consummate the marriage . The advocate is rightly advised your friends as one party should file the application and other should not proceed to defend after accepting the notice.So the exparte order will be faster but it will take more than four months.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
you can apply for annulment of marriage within period of one year of marriage
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Sir,
Your friend can file for annulment of marriage under sec.25 (i) of the special Marriage act1954, provided that your wife do no turn up to court after accepting the summons.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
YOU CAN GO FOR ANNUAMENT OF MARRIAGE BUT DONOT HIDE THIS FACT FROM NEXT HUSBAND AS IT MAY BECOME GROUND FOR DIVORCE FOR HIM
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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