Nullification of marriage
rohini
(Querist) 24 July 2009
This query is : Resolved
Hi,
I am rohini & I want to know more about nullification of my marriage.
I met a guy through a matrimonial site & chatted on orkut for 2 months & got married to him by then,without parents concent.
But withih 1 day I realised that he has cheated me as was staying in rented flat & not an owed one & din't have any four wheeler but just a two wheeler & that the salary was only Rs 20000 & not Rs 50000 as said by him.
So the very next day I returned home.
Pls guide if I can go for nullification of my registered hindu marraige & no what basis?
rohini
(Querist) 24 July 2009
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A V Vishal
(Expert) 24 July 2009
Yes Rohini, you can annul the marriage on grounds that the marriage was solemnised on the ground of cheating and fraud. Meet a local lawyer and initiate the proceedings.
rohini
(Querist) 24 July 2009
Kindly advice me how long will the process take & who can advice me the procedure for the same.
Jayashree Hariharan
(Expert) 24 July 2009
the process will hardly take little time, maybe two months or even lesser, as it is a marriage based on cheating and fraud and you did not live with him much. Moreover, no consummation of marriage.
Procedure is to file case under Hindu Marriage Act for declaring the marriage as null and void. The facts itself are in your favour.
rohini
(Querist) 24 July 2009
but our communication were mostly on phone & very few on mail so I may not have enough written communication about his fraud aspects (other than his address which is mentioned in the marriage certificate which my uncle had been personally to check was found false).Is it possible to put it legally without too many written proofs?
A V Vishal
(Expert) 24 July 2009
As far as the salary is concerned you can ask the court to direct your husband to file his I T Returns, which will unearth his fraud and also get a copy of the EC of the property he claimed as his own from the local registration office for 12 years which will expose his lies. As far as the vehicle is concerned he can be asked to produce the RC book which will expose his lies, but, the problem lies if he denies having told you all these things you will have to prove with the few mails you say are with you.
rohini
(Querist) 24 July 2009
In the mail he had provided the home address but never mentioned that the same is rented or owned.
But if I am not interested to go back to him anyways will that not makes the marriage immaterial.
Even today he calls up home & abuses my parents & other relatives. so anyways I don't want to have a life with him.So pls guide how can I get ride of him.
A V Vishal
(Expert) 24 July 2009
Please give details of the solemnization of your marriage, was it a Hindu Marriage with all the rituals or was it a court marriage.
rohini
(Querist) 24 July 2009
It is registered under hindu marriage act as we went to a temple where we exchanged garlants & the priest of the temple gave us a receipt of being married & then went to a registrar office to get the same registered under Hindu marraige act.
A V Vishal
(Expert) 24 July 2009
You can file a petition u/s.12 of the HMA for granting annulment of the marriage. You have to file it ASAP hence contact a local lawyer and seek his services.
Khaleel Ahmed
(Expert) 24 July 2009
Dear Rohni,
The mentioned grounds are not sufficient to declare your marriage as null and void.
You are advised hereby, you can lodge a complaint against your husband before police for cheating.If concerned police refused to register your complaint. You can approach the court against your husband under the offense of cheating.
Kiran Kumar
(Expert) 24 July 2009
i agree with Mr. Khaleel Ahmed.
prima facie u dont ve a case.
my advice to u is whatever records u r having take them to ur local lawyer.
the kind of situation u r explaining here implies that u ll be having tough time in proving fraud and cheating in marriage.
m not giving negative opinion but opinions can change if the documents are in front.
meet some local lawyer....if u dont know anyone then better find one from this website.
G. ARAVINTHAN
(Expert) 25 July 2009
If your's is not a registered marriage, then dont worry.
If registered you need to spend some short time in legal proceedings.. but that too only short 3 months
Mukul Aggarwal
(Expert) 25 July 2009
you dont have a case for annulment..
you can just file the case for divorce only..if is better to take divorce by mutucal consent if both party are agreed..
court don't consider the money aspect as cheating and fraud.. it is common in hindu marriage and everybody tell a lie. Groom and bride side both speaks lie for marriage..
On personal front i will say that you have done a big mistake by not taking parents consent..
vinjamuri ranga babu
(Expert) 28 July 2009
hi rohini,
sorry for immaturity and first in all matrimonial proceedings counselling is a must. as per your information given seems to be very scared and this can one exaple how people would take the marriage lightly. so, any how you have not furnished any sort of information with regard to your marriage when and where it was occured. so,no one can give you an advice on the information given by you. last but not theleast and you also not given your marital life, so it is not possible an advice as you expected.
sorry, vr
RAKHI BUDHIRAJA ADVOCATE
(Expert) 30 July 2009
Dear Rohini,
I want to talk to u in person. My cell n. is 09871158578/09711364956
