Rajesh Kumar (student) 11 August 2013

Separation from marriage

Dear Sir,

A girl were married forcibly by her parents without her concet , at the time of marriage she was not well, she also got hspitelized after few days of marriage , she never make any married relation with the person. after coming from hospital she refuses to be with the person, now she is leaving with her parents from last 3 & half year & still uner treatment,

So now she want to free rom this relationship and want to marry some one els with she love, what step should be taken her

1) should go for divorce , or

2) should prove this marriage void

Plz give your opinion

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5 Replies

adv.raghavan (Advocate,9444674980) 11 August 2013

what is the other side version, is he ready to accept for divorce? MCD.

(Guest)

you haven't mentioned the reason for her hospitalization and treatment?

3.5 yrs still deserting-------means she not love her husband, even husband had not tried these long years for reunion?

If the girl doesn't want to live with him,then tell her to speak with him for MCD, If not ready then go for the contested as the sepeartion is more than 2 years but here the reason for desertion lying on the shoulder of petitioner to proove that she has been deserted.

Here,as per your breif facts and circumstances the marriage can't be void or annuled,as the time limit has crossed and for what solid ground you will seek for void marriage.But for fraudulent marriage anything she had discovered which is against her consent prior to the marriage can be taken till 1 year from date of discovery of fraud.

In your case the time limit 3.5 years is not short as if any such circumstances prevails then it could be informed at the begining year of marriage by her but again concreate proof of fraudness is needed.

Kapil Gupta (Advocate) 11 August 2013

Dear client, she should apply for divorce by mutual consent if both spouses are ready to do so. If not so, she can apply for declaring the marriage null and void. The best option will be to apply for declaring the marriage null and void.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 August 2013

Dear Rajesh

if the wife was unable to give her consent and without her consent the marriage has been solemnized then she can file a suit for declaration for Annulment of this marriage as null and void u/s 12 of Hindu Marriage Act 1955.

12. Voidable marriages.

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

(a) 5[ that the marriage has not been consummated owing to the importance of the respondent; or]

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

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 6[ was required under section 5 as 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 1[ or by fraud as to the nature of the ceremony or as to any material fact or circumstances 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 for 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 specified in clause (d) of sub- section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the 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 marriages 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 2[ the said ground].

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Rajesh Kumar (student) 11 August 2013

Dear Mr. Suffere !

When her parents were forcing her for marriage she refuses to take food , till her marriage she became very weak, just because of her weakness she was unable to stand properly , so her Jamaal ceremony were cancelled., just because of her weakness she were hospitalized after few days of marriage and she was having some type of neuro or mental problem or we can say a type of mental depression , still her medicine were going on

An there is not a matter of love between them when she refuses to accept this relation at the time when she was going with him after marriage. She told all the things(before this girl were not given a single chance to meet that boy to tell the truth) and she also requested to left her.