Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ram__Kolli (abc)     15 January 2012

Marriage void

Hello,


     I was married in Nov 2011. Right after the marriage my wife said she was in a relationship with another guy earlier and she married me owing to her parents pleas and their health and she does not even want me to touch her. I asked her if she wants to forget the past and stay with me and she negated it and our parents were involved and two months after she decided to break the marriage and our parents are helpless now as she has been stubborn on her decision. She also said her boy friend his family are willing to accept her back if she comes out of the marriage legally and now she does not want o think in another direction.

 

   We wanted to nullify the marriage now with mutual consent. How long does it take for us to nullify or void our marriage.

 

Thanks.



Learning

 16 Replies


(Guest)

 

are you hindu? then according to hindu marriage act:

you two present your petition in district court. after the petition the court will dissolve the marriage within a period of 6 to 18 month i.e raoughly one and half year.

 

but you should give sufficient reason why you want a divorce.

1 Like

Shantanu Wavhal (Worker)     15 January 2012

for annulling ur marriage, u have to specify the grounds (reasons) for so.

for that, 1 of u has to be made scapegoat.

Nirmal Kumar Saha (Advocate)     15 January 2012

Marriage can be dissolved after one year of completion of marriage by consnet through the District Court of your area according ot the HIndu Law.

Nirmal Kumar Saha (Advocate)     15 January 2012

Marriage can be dissolved after one year of completion of marriage by consnet through the District Court of your area according to the HIndu Law.

Ram__Kolli (abc)     15 January 2012

Arnab , yes I am a hindu.

Since, it has been just 2 month in our marriage is it possible for us to present our petition in the district court right away? In my case my wife is willing to accept it is her mistake in getting into the wedlock and she wants to be free from the bond now and her family is willing to accept it is their mistake.

 

Amit, can you be a little more specific in saying one of us has to be scape goat. Our marriage has not consummated yet and we did not sleep together after our marriage. is that sufficient enough for our marriage to be annuled and would it be enough if both of us accept it?


(Guest)

if your marriage is consummated then file divorce with in year 

if your marriage is not consummated file a petition to declare the marriage as null and void. contact me further clarification 

1 Like

Shantanu Wavhal (Worker)     15 January 2012

Just remember that courts are NOT generous granting divorce / annulment.


(Guest)

MARRIAGE CAN BE CONSIDERED AS VOIDABLE AS THE CONSENT OF THE GIRL IS NOT THERE. SHE WAS FORCED OR INFLUENCED ON ACCOUNT OF ILL HEALTH OF HER PARENTS. FOR TWO PARTIES TO ENTER INTO MARRIAGE THERE SHOULD BE FREE CONSENT OF THE PARTIES.

Shantanu Wavhal (Worker)     15 January 2012

We wanted to nullify the marriage now with mutual consent.

There is nothing called annulment by mutual consent.

1 should file petition.

other should not defend it.

Shantanu Wavhal (Worker)     15 January 2012

further, there is no fixed time frame to get the decree.

trial depends upon the facts of ur case.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     15 January 2012

Dear Sammari

as per your query and facts as you mentioned in your query, your marriage can not be void or Nullify according to Hindu Marriage Act, 1955, because section 5, section 11, section 12 are related to Nullify or void & voidable marriage and all the section are not applicable with you and in section 13 & 13B both section are regarding to Divorce but you can not file any petition before the court within 1 year of the marriage.

so according to law wait till the completion of 1 year.

feel free to call

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 January 2012

Follow S ganeshan's Advise

 

You never said Marriage was consumed or not. 

If Unregistered, and all concerned  agree, go for affidavit, Close the Chapter. 

Ram__Kolli (abc)     16 January 2012

Hello Mr.Shroff,

 

  Thanks for your response. My marriage has not been consummated, but my marriage has been registered. So I am thinking of the possibility  of nullifying my marriage.

 

Thanks.


(Guest)

minimum 1 year after marriage the divorce petition will be presented. you have to wait a year.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register