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userOfTheForum (self)     13 January 2018

Annulment of a forceful marriage

Dear All,

Thank you in advance for the suggestion/advice you may provide.

I am a 27 year old graduate working abroad and I have registered my marriage to a girl a month ago against my will. I did not want to do this but I was emotionally blackmailed by my parents for months into saying yes, I have now revealed this to the girl and she wants to end this but not via a divorce (as she will be a divorcee) but rather by Annulation of marriage under section 12 so as to preserve her 'single' marital status. This has created a huge problem in our families and my whole life is chaotic at the moment.

When I approched a local lawyer for asking advice they told me that it is impossible and annulation will never happen (though he did not state any reasons and told me not to do it as the girl can take legal actions once I file the petetion)

I am very confused at the moment and I do not know how to proceed. What is the procedure to go to the court and request for annulation ? If I file a petetion what are the chances of getting an annulment ? The girl does not want to do anything about this and have asked me to solve this problem independently.

Any suggestion/advice will be greatly appreciated

Regards



Learning

 9 Replies

test123   14 January 2018

your lawyer is correct.

annulement is not easy to get in india. you have to have some solid reasons. just by saying emotional sh*t will not help in court.

court looks for evidance. 

you need to understand the meaning of FORCE and aganist my will ..

force --> No one pointed a gun at you. ... you could a walk out of this sh*t in the begining . 

aganist my will ? LIE --? how can you prove this in court ? you had GF and she turned you down ? aganist my will does not make any sense in court room.

yes you can talk with TV reality show and they can air your show based in aganist my will but still you can not answer any of the questions.

 

the moment you file Divorce... your so called legal wife--> will file all cases aganist you....such as 498a, crpc 125 and CHEATING ( 420 ). and other cases which you would not be able to handle since you couldnt control your so called " emotional blackmail, aganist my will ". 

you need to understand this.. both of you will be tagged as Divorcee .. next time you looking to get married,. you both will not file a single status mate. meaning both will get used tampered metered.

there is 2 type of marriage register happens in india.. Special Marriage ACT and Hindu Marriage Act.

both of them have different clauses to get annulments, so check your marriage certification,

HMA --> impotent to get marriage annulment.

SMA --> no s*xual intercourse ever took place.. 

 

Vijay Raj Mahajan (Advocate)     14 January 2018

Reason why your local lawyer advised you all this is because he thinks in a narrow manner due to inexperience in dealing with such cases.

The parties if agree for ending the marriage everything is possible. The lady agrees to end the marriage by getting it annulled and not by dissolved by decree of divorce.

Let it be, let the lady file for the annulment at your cost, your non-appearance after being served court notice and ex-parte proceedings will get the order for annulment of the marriage.

I have done many such cases and got the annulment order for my clients.

If your local lawyers lack Ideas for getting court relief than it’s their outlook and people you who are looking for just free legal advice in such forum, try out free legal consultancy in the country you are presently working and live from the local lawyers there, you'll get nice reply.

N.K.Assumi (Advocate)     14 January 2018

Legal opinion rendered by Vijay Raj Mahajan, can be the appropriate remedy, this procedure is akin to false registered criminal complaint case by a ghost complainant represented by an advocate, and only the accused is a party. But I am just wondering what is happening with our society by getting married without knowing what they are actually doing, especially in this particular case by both the parties.It appears that most of the Indian man and woman are behaving like a sleep walker. 


(Guest)

Greats have already replied.

My 2 cents..

Even if you get your marriage annuled by telling court some cock and bull story.

If you want to marry again.

You will need divorce decree from court.  Without which the girl also cant remarry.

Instead of filing for annulment for which there is no scope (going through waht you have mentioned).  You take divorce via mutual consent. Remarry. You might get experienced divorcee.  

 


(Guest)

Your parents forced you emotionally?

You are realy unfit for any relationship.  Simply take divorce and beter not remarry.  Dont spoil some girls life because your dic is troubling/daancing.


(Guest)

Your parents forced you emotionally?

You are realy unfit for any relationship.  Simply take divorce and beter not remarry.  Dont spoil some girls life because your dic is troubling/daancing.

TGK REDDI   14 January 2018

Annulment isn't as useful, and divorce isn't as useless, as your wife thinks.

The mistake is yours.    It's not maladjustment.      I suggest that you should pay fine for your mistake but not for the wife's inconvenience.

If your wife feels some inconvenience, it's the mistake of our society.

P. Venu (Advocate)     14 January 2018

What do you mean by "registered my marriage to a girl .............. against my will"? How and where it was registered? Under which Law? Where there any ceremonies? How is that it was against your free will? What is your educational/professional qualification?

test123   14 January 2018

P.Venu  is giving hints on some relief.

HMA Registeration can not be done until Marriage is performed..

SMA required 30 days notice at the registarar.

 

if you want some relief you should stick with your marriage validity.

for HMA 7 Phere is MUST.----> google register no saptapadi.


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