Annulment or divorce - please help


Dear Sir/Madam

 

my brother got married through a simple hindu marriage , 5 months back.

after staying for 5 days/nights, the girl went to parental house, for 'Phera'.

on the 1st night she asked brother:

1. she didnt want marriage, it was her father's will. (she is very obedient to her parents)

2. she will consumate only when she wants a child.

for those 5 nights, they slept in separate rooms, and in day time, talked rarely.

------------------------------------------------------------------

after reaching there, she told parents the boy did 'jabar dasti' which is False.

and she can not trust him, to lead her life with him.

 

to clear the matter and confusion-

we all tried to talk to her, her parents, went to their place, the boy also went alone to their place (4 times), 

to see what is the reason, to sort the matter..........but she and her parents are not letting the relation go on in normal manner.

she , her parents have never tried to call/talk to us here, in order to sort the matter.

when ever the boy went there, they ALL, misbehaved with him, shouted on him, said that you dont have manners, you dont have sense, you are rigid, you do nt know how to behave with wife----- this and that.

we now want to end this relation, no hope from girl or her parents.

both parties do not match at all.

can we file for annulment? and how?

what are the Options for us?

brother is living with my mother (a widow).

I am away from Delhi (our city).

Marriage took place in Chandausi (near Moradabad, U.P.), the girls town.

Her father is a local politician, rough man and never listens to us, or see sense in our REQUESTS

to send the girl back to her matrimonial house. 

We are unable to understand WHAT do they want from the relation,

neither they are asking for Divorce, nor asking to go ahead with the relation, and never have talked to us.

============================

We are afraid if we will file for annulment/divorce, or send any notice to them,
 

they may put FALSE cases on us, and put us in jail,

I request you to kindly Guide us how to proceed from here, 

because we will have to take a step forward.

Thank you!

Sonali Joshi.

 
Reply   
 

Dear Sir / Madam,

We would be able to assist you through, for any further queries please visit www.indialawhelp.com

We have offices in New Delhi, Noida, Mumbai, Pune, Allahabad, Hyderabad, Dhanbad, Ranchi, Goa, Bangalore, Chennai.

 

Regards

Akshay Sahni

Advocate

09891982832

www.indialawhelp.com

 
Reply   
 


www.Mehnat.IN

Apply for divorce on the grounds of cruelty. Give application for admission of petition before expiry of one year period. Don't worry about what they will do.

 

www.mehnat.in


Total likes : 1 times

 
Reply   
 

Manish sir, can we go for Annulment?

wont that be a better option?

which jurisdiction/Court we should file the petition?

 

and thanks for your kind reply.

 
Reply   
 
www.Mehnat.IN

Annulment is more difficult to get. There is no fraud here, just denial of love.

 

Also file a non-cognisable report in the local ladies police station about the behaviour of this woman and her family.

 

The appropriate way to thank in this forum is to use the "thank contributor" feature.


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Reply   
 

dear seniors

 

what can be done in my brother's case, 

what s the safest way out, 

we want to safegurad us from False cases and Divorce tag also.

 

thank you!

 
Reply   
 
Worker

अक्सर होता है ऐसा ।

अपनी पागल लड़की को बांध देते है किसी के पल्ले । 

फिर नाटक शुरू । 


there are no surefire ways of safeguard against the false cases filed by wife.

record calls, make videos of meetings,

dont initiate any legal proceedings as that will give her a reason to file false cases.

acquittal is for sure ! but after eons together.


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Reply   
 

amit sir

if we will not file any legal case, that will waste the precious time, 

we have to answer our relatives, and the age of boy is also increasing, 

how can we opt for Annulment?

 

and as the marriage was done in presence of few people, no legal marriage, 

can we just forget that marriage took place, is that marriage a VALID one?

 
Reply   
 
Worker

 

u can not deny the factum of marriage if the wife is having proofs of the same.

further, no ground for void / voidable marriage is made out in ur case.


 

7.         Ceremonies for a Hindu marriage

(1)       A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2)       Where such rites and ceremonies includes the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

COMMENTS

Solemnization of marriage through the performance of Karewa ceremony amounts to a valid marriage as per the customary rites prevailing in Punjab but where the husband and the lady is alive on the date the marriage is solemnized, marriage would be treated as void.-Veena Rani v.Jagdish Mitter 1990(1)HLR113

 

 

 

11.       Void marriage

Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 5[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.

COMMENTS

The expression “either party thereto” as used section 11 means only the actual parties, to the marriage. The expression does not include any third party.-Suresh Kumar v. Smt Asha Rani 1993 (1) HLR21 .Where the decree of nullity has been granted by the High Court, question does not arise of the marriage being again declared a nullity by confirming the  decree passed by the District Judge.-Thomas Cherian v.Nisha Thomas AIR1993 Ker 19

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

(b)       that the  marriage is in contravention of the condition specified in clause (ii) of section 5;or

(b)               that the consent of the petitioner, or where the consent of he guardian in  marriage of the petitioner 2[was required under section 5 it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978(2 of 1978)], the consent of such guardian was obtained by force 3[or by fraud as to the nature of the ceremony or as to any material fact or  circumstance concerning  the respondent ] ;or

(d)       that the respondent was at the time of the marriage pregnant by  some person other than the petitioner.

(2)       Notwithstanding anything contained in sub section(1), no petition  annulling a marriage-

(a)       on the ground specified in clause (c) of sub section(1), shall be entertained if -

(i)        the petition is presented more than one year after the force had ceased to operate or, as the case may be, the  fraud had been discovered ;or

(ii)       the petitioner has, with his or her full consent, lived with the other party to the  marriage as husband or wife after the  force had ceased to operate or, as the case may be the fraud had been discovered.

(b)       on the  ground special in clause (d) of sub-section (1) shall be entertained unless the  court is satisfied-

(i)        that the  petitioner was at the  time of marriage ignorant of the facts alleged.;

(ii)               that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriage solemnized after such commencement within one year from the date of the marriage; and

(iii)             that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  4[the said ground]

 
Reply   
 
Worker

if u want to say that the marriage is not consummated, then it should be because of the impotencey of the respondent wife - otherwise, no ground made out.


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