There is a girl 6 years older than me. We befriended with each other in a college event. We vecame friends. We were hanging out with each other only at publ8c places and no sexual relations. Later she started forcing me for the marriage and threating me to commit sucide. She attempted sucide once too. Than she called her parents and They also forced me and blackmailed me and took me to a lawyer where I was not allowed to speak even a word...there only in a small room they told me to exchange the garland and then took photo and took me to registrar office on the same day where i was not allowed to appear before registrar and they just took my signature and finger print and two days later handed over the certificate saying we are legally married now u cant do anything. Please advice on the above case I want to get rid of the marriage. Till now i never stayed with her and no sexual intercourse hasbeen taken place.
Is it possible to get rid this marriage if yes then how?
Is there any way to get rid of this.?
Asked in Family Law from Chennai, Tamil Nadu
7 Ceremonies for a Hindu marriage. ?
(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
(2) Where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.
2) the issue would be whether in your community exchange of garlands constitute a valid marriage . in your community whether saptpadi is essential for valid marriage
3) if saptpadi is not essential in your community your marriage would be valid
4) you have not mentioned when marriage was solemnised? you can file for annulment of marriage on grounds of fraud if one year has not elapsed since date of marriage
there is two option, file an annulment case before family court u/s 12 of Hindu marriage Act and pray for annulment this marriage and declare Null and void.
File a divorce case before the Family court u/s 13 of Hindu Marriage Act and pray for dissolve this marriage.
Advocate, New Delhi
Sir marriage was solemnized on 23rd december 2015. Almost 15 days ago...
In our community exchanging of garland doesnot constitute valid marriage...
If plead for nullity in the court...on which ground I have to plead...I dont have any proof..only one proof i have is hospital documents where i admitted her when she attempted sucide...i have cctv footage of the college where she used to coke and threaten me for sucide...thats all..please advice..and will u be my lawyer...what will be the fees...
Asked 1 year ago
1) you should move court for declaration that marriage is a nullity as customary rites and ceremonies were not followed .
2) that you were forced to exchange garlands and no saptpadi was performed
3) you should contact a local lawyer in chennai in this regard
This is a forcible marriage and not valid in the eyes of law.
You can file a petition before the court seeking annulment of the marriage by a decree of nullity for the reasons that this marriage was solemnised forcibly against your wishes and willingness.
In the petition you can plead the circumstances under which you were forced or coerced to marry her and your helpless situation at that time.
You can lodge a criminal complaint against all those involved in detaining you illegally for the purpose of forcing you to marry her and against all those intimidating acts unleashed on you to get the marriage solemnised.
If plead for nullity in the court...on which ground I have to plead...I dont have any proof..only one proof i have is hospital documents where i admitted her when she attempted sucide...i have cctv footage of the college where she used to coke and threaten me for sucide...thats all..please advice..and will u be my lawyer...what will be the fees.
The registration of marriage itself is a proof of valid marriage.
However since your marriage was forced on you, it is better to file a petition in the family court seeking annulment of your marriage by a decree of nullity on the grounds that the marriage was conducted mush against your wishes and without your consent.
You can narrate in the pleadings the entire situation as well as the incidences that took place and also can state that they destroyed all the evidences which would prove their illegal act of this illegal marriage.
Most important thing is that your photograph was not recorded in the camera kept in the registrar's office for the purpose.
You can look for an advocate from this forum itself or can choose anyone by visiting the bar association at Chennai.
There may be plenty of lawyers to take up your case but you should look for an able, prudent and genuine one by knowing the lawyer's credentials and his/her accessibility.
What you really want? Check your marriage is registered or not ? Normally there are two motion for registration of special marriage before registrar at registrar office .First have to submit the application .Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.
If your marriage is registered then it is better to file a petition in the family court seeking annulment of your marriage by a decree of nullity under the ground of fraud .
Legally speaking you are married to her, but it is a marriage solemnized under coercion, as a corollary thereto you can file for annulment of marriage on the ground of duress. However, you will have to prove the duress to succeed in the court. Exchanging of garland does not constitute marriage, but registration of marriage does. Show the photographs to a lawyer and consult him personally to proceed.
you may file annulment petition based on the forced marriage without your consent and under the pressure as define u/s 12 of Hindu Marriage Act-1955.
i am in Delhi and unable to engage you lawyer, but you may consult with me through this site or contact over the phone after pay the consultation fee.
Advocate, New Delhi
1. When did all those incidences take place?
2. How come your signature and finger print on the register without your giving notice for one month and the the marriage certificate was issued?
3. Have you lodged any police complaint against them till date?
4. If not and if it is a recent incidence, lodge a police complaint immediately,
5. If police does not act, file a Writ Petition before the High Court against police inaction seeking a direction upon the marriage registrar to cancel the aid marriage certificate.
1.Do not file any petition for annulment of marriage,
2. Your signature has been forcibly obtained making the said certificate illegal and invalid,
3. Lodge a police complaint and file the Writ Petition as suggested in my earlier post.