Sundaresh 12 October 2017

Annulment of registered marriage a month ago.

Dear One's

Girl and I were in love with each other, she was forcefully engaged to another guy , after engagement we registered our marriage last month as per Hindu marriage act. but after registration girl discussed her disinterest in engagement and asked to call off the engagement. She was emotionally and physically tortured and blocked from contacting her. But a later girl has changed the mind and decided with their family members to marry the engaged guy but she didn't disclose the registered marriage due to the threat to her n my life and also her only alive parent mother threatening to kill herself if she fails to marry engaged guy. she is asking me not disclose this matter to anyone and even my family is aware of registration but they are not in favor to this bcos of prestige in society. Now her marriage is fixed in another 4 months time with engaged guy.

Now both of us want to mutual end this marriage without getting to know about registered marriage in the girls family and engaged guys family, right from day 1 of registration we have never been together nor met after that.

Can anyone advice what legal process should I follow to nullify/annulment the registered marriage as per Hindu marriage act?

how should long duration I wait before applying for annulment?

Thanks in advance , Pls help me i am clueless what I should do , as my parents hoping me to agree for there proposal but after they getting to know I've already registered marriage and they have cancelled their plans, here girl is not ready to come along with me bcos of her family emotional tortures and she is willing to marry another person to avoid her n my family social disrespect.

Kindly request experts to guide me on this.

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5 Replies

manoj 12 October 2017

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce. the second motion is deleted in the section. so immediate divorce will be granted without any delay for Mutual Consent Divorce.

manoj

advocate

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Siddharth Srivastava (Advocate) 12 October 2017

you have the only remedy of annulment of marriage if one year from the date of marriage has not lapsed. If the wife has already got married second time then it is a crime of bigamy punishable in law.

Adv JJ Jane Helen 12 October 2017

As you want to nullify your marriage, and also you mentioned that you have never met her after your marriage, which means the marriage has not been consummated, you may file a case providing the same reason. Girl should also confess and agree to null and void the marriage u/s 12 of the Hindu marriage act. Since it's mutual, you will get the decree asap.
Adv JJ
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Adv Radhika Mehta (Advocate) 12 October 2017

The grounds for annulment are limited. when you say registered marriage, do you mean Court marriage under the provisions of the Special Marriage Act? If yes, grounds for annulment are 1) Wilful refusal to consummate marriage, 2) Respondent was pregnant at the time of marriage, 3) Consent was obtained by coercion or fraud. You can file a case against your wife for nullyfying the marriage on the ground of her wilful refusal to consummate the marriage. Your wife can agree and Court may pass a Decree of Nullity, provided it is satisfied that there is no collusion/ connivance between the both of you.

ANUP KUMAR (AVP-LEGAL) 19 January 2018

The moment you file petition for annulment of marriage, girls's family will come to know of it. So your problem will not solve this way.

The second scenario is that you remain silent and let the marriage of girl solemnize with the engaged person. It is of course commission of bigamy by the girl but only you can file the criminal case against her for offence of bigamy and none other.

So decide yourself