Annulment
Ranganath
(Querist) 30 April 2009
This query is : Resolved
Ld counsels,
Wife has filed annulment of marriage on the grounds that husband was allegedly forced into marriage. If the husband contest the case, annulment may not be possible. But on the same proceeding if compromise need to be arrived is it advisable for the couple to say that both did not give full consent for the marriage and the marriage was performed mainly because of the personal preferences of the parents of the couple. The marriage lasted for only 6 days and non-consummated.
If this is the stand taken by the couple will the marriage be annulled on the proceedings initiated by the wife.
Husband as also filed a restitution and one couseling session is over on that. Since husband has filed restitution is there any harm in the reversal of stand taken by husband in the nullity proceedings.
Please clarify.
A V Vishal
(Expert) 01 May 2009
A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment.
One of the grounds is "If the consent to the marriage was based on fraud or force", since in the first query sent by you clearly states that the groom was forced into marriage the marriage can be annuled, but, the groom has once again willingly come foward to save the marriage by seeking restitution I think that the court may not favour annulment.
Further, on personal front I feel if the boy has reliased his mistake, then give the couple a chance to be together. Marriage is a sacred institution and every body has a responsibility to support and maintain it, to make something it takes years and to break it it doesn't even cost a second. I request the couple to give a second thought before they proceed further since what is left behind is past as we walk into future.
SANJAY DIXIT
(Expert) 26 May 2009
Non consumation of marriage is no ground for annulment in HMAct.
Better to proceed for divorce on mutual consent if possible as also suggested by Mr Prabhakar.
