Can this marriage be annulled?
Raj
(Querist) 12 August 2015
This query is : Resolved
The guy is Christian and the girl is Hindu as it turned out. Guy is having issues from the girl and her family. The girl has left the guy and is living with her parents for a year now. She is not giving divorce either. The girl's family suppressed the fact of her conversion to Hinduism and got her married to the guy saying that she is a Christian
They haven't registered the marriage as the girl didn't want to register it. The marriage solemnized without any formal procedure of Christianity or Hinduism. They have lived together for 2 years.
Can this suppression of fact be a ground for annulling the marriage?
If yes, in which Marriage act the guy should file the case?
Need legal advice please
SAINATH DEVALLA
(Expert) 12 August 2015
Let us keep aside the communities and come to the point that what type of marriage did they perform,clarify
Raj
(Querist) 12 August 2015
They performed marriage as per their caste, Piramalai Kallar tradition. But it didn't contain any of the typical Hindu tradition like tying tali, purohit or the Agni kundam sorts. They both exchanged garlands and the guy put her a gold chain with a Christian cross.
As per Piramalai kallar tradition, the couple would just exchange garlands and the guy would present a chain to the girl as a symbol of starting a relationship. All these would happen in the presence of blessings of an elderly person in the community. That's all.
This is how they got married.
Raj
(Querist) 12 August 2015
Can you please clarify my doubts?
Pooja Hegde R.
(Expert) 12 August 2015
There are many ways of dealing with this situation and requires a skilled lawyer to do that. This separation can be hassle-free and quick if its worked out by a skilled lawyer, else it could be a mess. So don't do anything yourself as it is an intricate situation that you are in.
-Pooja Hegde R.
Lawyer and Advocate
Raj
(Querist) 12 August 2015
Absolutely yes which is why am seeking advice to get a clear picture before approaching a lawyer.
J K Agrawal
(Expert) 13 August 2015
This is not a Marriage.
It may be termed as 'live in relationship'
This is a new concept in India. Such a relations are regarded as good as marriage.
In such type of deemed marriage, which Law shall be applicable also not clear at all.
It is safer that we presume that 'Special Marriage Act' will be applicable.
As per this Act, you can not divorce her merely on The ground that she misrepresented to you on issue of her Cast only.
Raj
(Querist) 13 August 2015
But how about on the ground of suppression of fact?
SAINATH DEVALLA
(Expert) 13 August 2015
Mr. Agrawal has given the apt suggestion.it is not a legal marriage and void,hence annulment legally does not arise.
Raj
(Querist) 13 August 2015
But they have a year old daughter
Guest
(Expert) 13 August 2015
Being A Christian Having an Affair with Hindu Girl Giving Her A Child and Now Seeking Suggestion to Get Rid of Her.You Say He is a Christian and Check with him whether he had Learnt Only This in Holy Bible.Better Ask Him To Live With Her Properly Or Give Me the Girl's Contact Details and I would Suggest her what are all the Grounds She Could Place him Behind the Bar.For Example Raping and Then Giving False Assurance To Marry which is Not Done And Now There Is A Child.
Raj
(Querist) 13 August 2015
OK... First thing he did not betray her. They are married as per their customs in the presence of their families. Second is, she and her family lied about her religion, that she is a christian. The guy wanted to marry a christian girl and lead a christian life. He trusted her. Now it turned out that they betrayed him. To top all that, the girl has gone to her parents house, not coming back. Not letting him to see his daughter either, not even a single day. To the worse her brother tried hitting him with an iron rod, when the guy went to see his daughter. The girl is saying that she would not come back and if at all the guy wants to be with daughter, that he should leave his parents and settle down at her parents' house. Also she says that it is gonna be Hindu tradition in which the daughter would be brought up at all odds. Finally, she is not ready to give divorce to the guy thinking that he can be peaceful in forming his own life then.
As a pure christian, the guy wanted to have a christian life with christian children and with a christian wife. He learnt this from the Holy Bible by the way. The girl has lied and now screwing up the guy's life. So now let's talk about putting the guy behind the bar. Thanks N.J.S.Rajkumar for coming to a hasty decision and giving out a solution in a civilized way. You wouldn't know what mess he has become after all these ruin. Thanks for ur advice anyways.
Is there anybody actually give a right direction on this regard please? And thanks to Mr.Agrawal for your valuable advice. Made a note of it.
Guest
(Expert) 13 August 2015
If you are So Particular About Christianity what made you to Marry a Hindu Girl.Now you say The Girl was given a Child Also.Now you want to Force her to Convert the religion.If you are so much Fond of your religion Why did you Touch A Girl of Other Religion.Now seeking Plans To Get rid Of Her.Both of you Worship any one of your Choice Now the Girl is your Wife And you are the Father of the Child better take care of both and Live as A Family Together,
Guest
(Expert) 13 August 2015
One Small Query about your Lies .You have Stated that the Girl Said She is A Christian Then Why the Marriage Did Not Take Place in a Church.
Raj
(Querist) 13 August 2015
Uhff... Am not here to fight. I don't know what is your motive being here. From the beginning, you have been accusing the guy. He didn't try converting her. He didn't force her as well. But u keep accusing the guy. And for the marriage, he went for their caste customs as suggested by the girl's parents without knowing the actual reason. You are just pushing ur motive here. I've got your point.. To put the guy behind the bars. OK. Fine.
Others please give suggestions
SAINATH DEVALLA
(Expert) 14 August 2015
The intentions of the legal experts here is not to find fault with UR query,but what U have to understand here is that the marriage itself is void in the eyes of law.Married according to the customs of the girls side does not yield legality.With UR continued contradiction of the experts views and suggestions are irrelevant.Hence it is let for the husband to fight for his skin with his wisdom.
Biswanath Roy
(Expert) 17 August 2015
Let me know whether or not the marriage ceremony was performed in a church and according to christian system and whether or not a certificate of marriage issued by the church? On receipt of the same I can opine you.
Raj
(Querist) 18 August 2015
No.. The marriage was not performed in a church. They did not get any certificate from any church either.
Guest
(Expert) 18 August 2015
Then Read My First Reply/Post Once Again
Biswanath Roy
(Expert) 18 August 2015
@ Raj,
Your guy will dig up his own graveyard if he proceeds for annulment of marriage as alleged.
SAINATH DEVALLA
(Expert) 18 August 2015
finally to conclude with I support the view of Mr.Roy.
T. Kalaiselvan, Advocate
(Expert) 22 August 2015
If he is all that particular about her non-disclosure of her conversion to Hindu religion and he believed her to be a Christian at the time of marriage, nothing could have prevented him from marrying her in a Church. Not only in India but across the world, any true Christian, like your friend, wold like to marry in a Church alone or atleast in front of a pastor or father or a Christian Marriage registrar. Following the traditions in marriage is different from following the religious customs. Do you mean to say that your friend is not visiting any Church for offering prayers even during Christmas etc?
Well, as experts observe,this seems to be a void marriage but the child born to them will become his legitimate child. A divorce petition can be filed under special marriages act but the annulment may not be maintainable in the same act.
Biswanath Roy
(Expert) 22 August 2015
Intelligent observation and conclusion by Learned expert Mr. T. Kalaiselvan.
