I, Hindu by religion, have married a Christian girl in her sisters home as per Hindu rites in 2005. There is no registration of marriage and neither of us have converted to other religion.
after 11 years of marriage i found her affair, (msgs and call details)
She being a non practising lawyer now threatening me with DV cases Police FIR’s & false cases
My place is 1000 Kms away from her place & travelling and fighting these cases will make my life hell, seeking alimony of 50L for MCD
We both own a company from which we draw salary 20K pm as directors
What remedies do i have now
is this marriage valid, can i go for Annulment?
Asked in Family Law from XXXXX, Andhra Pradesh
1) for valid marriage under provisions of Hindu marriage act it is necessary that both parties are Hindus
2) if wife has not converted into Hinduism marriage would be void
3) you can file petition for declaration that marriage is a nullify
4) According to the Preamble to the Hindu Marriage Act, 1955: “An Act to amend and codify the law relating to marriage among Hindus. Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnised.”
the SC has held that marriage between hindu and person professing another faith solemnised under hindu custms was a nullity
1) Since both of you did not convert to other religion, then the civil marriage between both of you under hindu rituals is void.
2) In accordance to law, your marriage should have been registered under special marriage act and it appears that your marriage was not registered under special marriage act.
3) I presume you do not have children.
4) In the event of both of you not having children, then the marriage is void and the question of 498A does not arise.
5) However your wife might file a cheating case against you .
6) The best option would be to let your wife file the cases first and then you can deny the marriage as your marriage was not registered under special marriage act.
7) In such a circumstance, you should not attempt to file the annulment case as it will open a pandora's box.
8) Let your wife make the first move and you can then deny the marriage.
Hope this information is useful
Immediately file an annulment petition under section 12 of Hindu Marriage Act-1955 before family court.
She can not claim any thing from you as she is earning and able body who is able to maintain herself.
Don't afraid with cases, if she filed then fight the cases on merit with the help of lawyer if you are unable to fight yourself.
Feel free to Call
Advocate, New Delhi
Even if you go for annulment that would not save you from criminal case with which your wife is threatening.
So better negotiate with her, settle the dispute amicably and go for mutual divorce.
A void marriage would not protect you from the prosecution which your wife is likely to file in the vent you go for challenging the marriage,
1. You can marry in accordance with Hindu rituals even if one of the spouses is not a Hindu but the marriage has no legal recognition if it has not been registered under Special Marriage Act. It therefore follows that your marriage is null and void, so you can file a petition to declare your marriage as void under Hindu Marriage Act.
2. If she files false criminal cases then apply for and obtain anticipatory bail to preempt your arrest.
This marriage is very much valid in th eyes of law.
This marriage can be considered under the provisions of special marriages act.
You cannot file case for annulment of marriage at his belated stage.
You can file a divorce case under the special marriages act.