• Void and null marriage

I  got married to a girl due to parental pressure. it was as per hindu laws. now I want a divorce. can I go for Annulment of marriage.
Asked 10 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you cannot file for divorce unless period of one year has elapsed from date of your marriage 

2) only in exceptional circumstances can you file for divorce before expiry of one year 

3) If the consent to the marriage was based on fraud or force; you can file for annulment within period of one year of marriage  
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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1) if your wife is going to contest you have a long legal battle ahead

2) contested divorce or annulment proceedings take around 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Divorce and annulment are two different things. Marrying under parental pressure is no ground for annulment. You can file for divorce after a year from the date of marriage. 
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1. Annulment is done only if there is certain conditions and it can not be filed at the wish of the aprty.
2. For divorce you have to wait for one year.
3.Marriage is not a child's pay that you mar and after few days go fo divorce.
4. I can not support your views or next course of action as sated in your query.
Work out  the marriage. You will be happy.
Best of luck.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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Hello,
1) Although there was parental pressure being an adult you ought to have taken a stand. Your marrying under parental pressure in itself will not be a valid reason under law to nullify the marriage.

2) Under circumstances you cannot file for divorce until one year from the marriage.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Hello,
1) Yes, it is necessary to wait for one year after marriage to file for divorce on your case.

2) Of your wife is not agreeable you can file for divorce unilaterally. You need to be prepared for her claims of alimony, maintenance etc as a corollary to your petition. In the meantime it is advisable to convince her for a divorce by mutual consent.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Hi, From your narration there is no ground for annulment of marriage.

2. If you want to go for divorce you have to wait 1 year, thereafter only you have to file petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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I  got married to a girl due to parental pressure. it was as per hindu laws. now I want a divorce. can I go for Annulment of marriage.
The grounds for filing petiion for annulment of marriage is given below, please verify if your ground is accommodated in it:
Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-
1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]
(b)       that the  marriage is in contravention of the condition specified in clause (ii) of section 5;or
(b)               that the consent of the petitioner, or where the consent of he guardian in  marriage of the petitioner 2[was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force 3[or by fraud as to the nature of the ceremony or as to any material fact or  circumstance concerning the respondent ] ;or
(d)       that the respondent was at the time of the marriage pregnant by  some person other than the petitioner.
T Kalaiselvan
Advocate, Vellore
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It has only been a month for my marriage. Is it compulsory to wait for one year incase Annulment is not possible. Girl is not ready for divorce or annulment

Divorce can be filed within a year if there are exceptional circumstances which is decreed very rarely. Annulment has to be filed within a year from the coercion or fraud having taken place. The earlier it is filed the better it is.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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