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Annulment

Page no : 2

Laxmi Kant Joshi (Advocate )     28 June 2014

She should talked to her husband that she don't want to continue her marriage she wants his help to discontinue this , she have to state in the court u/s 12 hma that she was not interested in this marriage but her parents were adament and by giving threats that they will commit suicide if she will not marry to their choice , they show me the fear of society , at that time i was helpless but now iam feeling that i can not live with a person whom i didn't like .

Dr J C Vashista (Advocate)     29 June 2014

How old were you at the time of marriage? If a minor, may apply.

Whether the marriage is consumated (establishing physical relation with spouse) or not?  If yes, it would tentamount to your consent and marriage cannot be annulled.

Adv. Chandrasekhar (Advocate)     29 June 2014

The problem is she wants to punch but does not want to hurt.  If her parents forced her for marriage even after she became major and afte that forceful marriage, the husband had developed physical relationship with her and consummated the marriage by sheer physical and moral force, the girl is not helpless, and she can get her marriage annuled.  But she should do that immediately without wasting her time.  In this case, she need not approach the police station.  But has to file petition under Section 12 (1)(C) of Hindu Marriage Act.  In this petition, her husband and her parents (as the query alludes that her parents forced her for this marriage) shall be the parties.  If she does not want her parents to be parties, she can do so by just arraying the husband as party in the case.  But the case will be decided only and only if she calls her parents in the witness box and prove that they forced this marriage on her.  Then annulment decree can be passed.  Her minority or non-consummation need not to be proved.  Only proof of "force", which she could not avoid, has to be proved.  Once she files the case, her husband abandons and moreover, it is not worthy to stay in matrimonial home.  As the petition alleges her parental force, they may also not allow her to stay with them.  If she is a working woman, she can stay in working women's hostel or a place which is somewhat secure to her, but she should not expect to stay in parental home, as the facts do not warrant to such opportunity.

Kamal (IT Engineer)     29 June 2014

Thanks Chandrashekhar, very well advised. Will follow that..

In India, the girld life is hell, they are always been tortured by the name of society, parental pressure and she becomes helpless without any support.

Also, wanted to know, how much time does it takes for all annulment process and when can she be free from all this once she files the petition?

Adv. Chandrasekhar (Advocate)     29 June 2014

If she gets no nonsense advocate, case takes between two to three years.

Kamal (IT Engineer)     30 June 2014

Why does it sooo long Mr. Chandrasekhar?

Sudhir Kumar, Advocate (Advocate)     30 June 2014

Civil suit may take even longer.


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