Can my girlfriend get annulment of marriage ?
Dear All - I am(28) in relationship with my girlfriend(28) from past 1 year . But I am Hindu and she is jain . We wanted to get married with both parents agreement. But my girlfriend's parents never agreed to our relationship. And she was forced to get engaged to some other guy. She even told the guy , that she is not willing to marry him. But he did not do anything from his side . My girlfriend's parents blackmailed her saying, if she does not get married to the guy of their wish . They would commit suicide. She said they were very serious about that. We kept asking till the marriage date . Finally one week back she got married. When the marriage rituals were happening, my girlfriend was crying still the guy ties knot to her. Now we she not comfortable leading her life him and I don't want to let her go . She wants annulment/divorce and get married to me . Please suggest what we can do .
Asked in Family Law from Bangalore, Karnataka
1. There is no ground for her to seek annulment of marriage now as per law since she has married her in a lawful way.
2. She can not file a divorce suit against her now since divorce shall have to be filed on appropriate grounds after 1 year of marriage.
3. She can file a divorce suit after one year of marriage on some acceptable ground like cruelty, if her husband refuses to give her mutual consent divorce which will be disposed off within 6 & 1/2 months from the date of its filing.
Your girl friend can file for anullment within period of one year
2) since she was forced to marry against wishes she should immediately file for annulment of marriage under section 12 of HMA
Jains are also Hindus and are governed by Hindu law. The Constitution of India defines Hindu to mean Hindus, Jains, Buddhists and Sikhs. Your gf should have mustered courage to marry you. Now it will not be a cakewalk for her to succeed in annulment. She may file for annulment on the ground that her consent to marriage was not a free consent but she will have to prove it in the court. Her statement will not be accepted on face value. Filing a case is fairly easy but it is an uphill task to prove it. She has to lead cogent evidence to prove that her consent was obtained by force.
Now it is too later.
There is no ground to file suit for annulment of marriage.
Now after one year if her husband agrees then only mutual divorce may happen.
The contested divorce suit otherwise will linger for hours together.
Better both of you move on in life unless her husband understands the situation and cooperate with you.
Yes, she can file a petition for annulment of marriage stating that she was forced to marry as there were emotional blackmails due to which she consented for the marriage.
Ask her not to consummate her marriage because it will not help her to get annulment.