Annulment of marriage
Querist :
Anonymous
(Querist) 19 July 2018
This query is : Open
Two months back I was forced into registering marriage. Although ceremonial marriage didn't happen fake invite card etc were submitted to register marriage under hindu act. I was emotionally disturbed and was under therapy at the time. I realised my mistake and consulted my family to solve this. Ever since the registration we have been living in seperate cities and the marriage is not consummated. Is it possible to annul the marriage?
How can I provide evidence that I was theatened and forced at that time? Does witness testimony (my flatmates) count? Also does therapy count as mentally disturbed? Plus is it possible to fight the case from the angle that ceremonial marriage never happened? Are these grounds enough for annulment? How long will it take and what is the process?
Vijay Raj Mahajan
(Expert) 19 July 2018
Registration of Hindu marriage is proof of marriage but it may not be proof of valid Hindu marriage.
You may file annulment petition under section 12 of the Hindu Marriage Act,1955 for annulment of voidable marriage on the ground of fraud committed with regard to the marriage ceremonies, where you were informed that mere registration of Hindu marriage by placing wedding card and certain other documents will be sufficient marriage ceremony for Hindu Marriage without actual essential ceremonies according to customary rites of the parties. By not getting actual valid marriage ceremonies performed the fraud committed by the respondent and the marriage that was registered should be declared null and void by the Family Court.
Guest
(Expert) 20 July 2018
Marriage is about consent. So is divorce. If you by agreement staying separate as things did not go smoothly. better to forget matter and marry someone else, if marriage word holds any value. The moment you follow annulment advice and contact any advocate you and opposite party will be stuck in endless loop of court drama where only advocate makes money and you will lose your lfie.
You can do one thing: If both of you agree you both write a joint letter addressed to dist famliy court judge asking him to grant you mutal divorce decree. Stamp fees of Rs 20 enough. If you want you can get your letter typed. or neatly hand written. No need of advocate signature, only your two signature enough. Dont go for anulment headache.
