Annulment of Christian marriage
Hi Team, I got married in a church (15/2/2016) and I was forced into it. My long time friend had a one sided love on me. She asked me to come to a place with all my documents one day for help stating some reason. But when I went there I came to know that she is setting up to marry me in a small church. We were fighting verbally on the road for almost 2 hrs that day when she finally threatened me saying she will cut her hand and die showing a blade. I tried convincing her but she would not stop. Finally I had no choice and got married to her in that church.
I was feeling extremely guilty for what I did. After the marriage, on the same day evening, I told her that I am going to my home to take some clothes and didn't return. We didnt stay together even a single day till now. We didnt have any physical relationship. All these six months we were only talking over the phone and meeting in public places. While she was adamant in wanting me, I remained as her good friend and started to convince her, I was trying to be a good counselor. We spoke a lot and finally I made her come out of this and realize that I dont have any intention of seeing her as my wife. Now she says she is ready to move on and ready for legal procedures.
I recently told my parents about this marriage and they were extremely agitated. We are planning to file an annulment. She says she will fully cooperate and ready to say the truth in court. She has many self inflicted wounds in her hand from her previous fights with her family. If we go to court with the above reason and file annulment, will it work? We can show the wounds in her hands saying that she has a troubling past and she is used to cutting her hand to threaten. Also since I have a girlfriend of my own, I never had and will not have any intention of consummating this marriage.
Also will she be penalized for this? She was adamant like a child that time but now she has understood, changed and is ready to move on. Also the two people who signed as witness for this marriage were not present at the time of marriage. There is not photographic evidence showing the presence of witnesses. The signed as witness only after 2 days. Will they also be penalized if we say this in the court? Please advice. Thanks in advance.
Asked in Family Law from Chennai, Tamil Nadu
1. To succeed in annulment you have to prove that your consent to marriage was not a free consent and it was due to coercion alone that you agreed to marry her. I am not ready to believe that one will testify against herself in the court. If she admits to coercion she will make herself liable to criminal prosecution. So the better option is to go for mutual consent divorce.
2. The witnesses are not liable to any criminal proceedings.
1) you can file for annullment of marriage within period of one year if you were forced to marry her against your wishes
2)if your wife does not contest you would get annulment decree within period of year or so
3) wife will not be penalised
4) witnesses would not be penalised if they state the truth
Hi, thank you for your answers. But however one of the answers says that my wife will be penalized and other says she will not be. Both are contradicting. Can someone clarify?
Also our marriage is not registered with the govt. If we file for annulment or divorce, will it be registered in govt. marriage records?
Asked 8 months ago
i reiterate wife will not be penalised but marriage annulled
2) if you file for divorce or annullment it will not be registered in govt marriage records
She can be criminally prosecuted for cheating. The decree of a civil court is not registered in the office of sub-registrar.