Nullify marriage
Rocky
(Querist) 16 March 2014
This query is : Resolved
I just want to know i got married when I was 16 in 2005 then I got separated from my husband after 2 years . In 2008 I went overseas and i am still in overseas. Can I nullify my marriage because I was under age at that time and my parents did arrange marriage?
what are the options I have so that I can do marriage again legally?
Advocate M.Bhadra
(Expert) 16 March 2014
If you are a Hindu and your your marriage is concerned under Hindu Marriage Act,then you can file an application under sec.12 of the Hindu Marriage Act with a prayer of condonation for delay to filing.
12. Voidable marriages.
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:-
that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
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
Rocky
(Querist) 16 March 2014
I am not Hindu . I am Sikh.
What will happen if I am Sikh?
Anirudh
(Expert) 16 March 2014
The Hindu Marriage Act, 1955 applies to Hindus and also to any person who is a Buddhist, Jaina or Sikh by religion. Therefore, you being a Sikh will not alter the position.
The conditions that hazve to be satisfied for a valid marriage under Hindu Marriage Act is specified in Section 5. One such condition [Sec. 5(iii)] is that the bridegroom has completed the age of twenty-one years and the bride, the age of eighteen years at the time of the marriage.
In terms of Sec.11 of the Act, only those marriages which have been performed in contravention of the provisions of clauses (i), (iv) and (v) of section 5 are VOID.
Section 12 of the Act specifies the situations in which the marriage is Voidable. None of the provisions is applicable to your case.
Thus, your marriage is neither VOID nor VOIDABLE.
Next comes the question whether you can seek divorce on the ground that you were of less age at the time of marriage.
Section 13 of the Act deals with the Divorce. According to Section 13(2) A wife may present a petition for the dissolution of her marriage by a decree of divorce on the ground,—
(iv) that her marriage (whether consummated or not) was solemnised before she attained the age of FIFTEEN YEARS and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
Even the above provision is not applicable in your case for the reason that (i) you were sixteen years of age at the time of marriage (therefore do not satisfy the condition that you should not have attained the age of Fifteen); (ii) in case point (i) is satisfied (in your case this condition is not at all satisfied) then one should have repudiated the marriage before attaining the age of 18. You have already crossed the age of 18 long back.
Therefore you will not be able to seek dissolution of marriage on this ground.
You have to think in terms of approaching the Court for grant of divorce on other grounds if any of them as indicated in Section 13 of the Act is applicable to you.
Rajendra K Goyal
(Expert) 16 March 2014
Well advised, agree with the expert Anirudh ji.
ajay sethi
(Expert) 16 March 2014
agree with MR anirudh
Rocky
(Querist) 17 March 2014
I was married in Sikh temple but my marriage was not registered anywhere. I have not have any marriage certificate.
Do I still have to go through divorce or I can do marriage again with someone else?
prabhakar singh
(Expert) 17 March 2014
So what?Even then a decree of divorce can only pave the way for going to remarry.
Rocky
(Querist) 17 March 2014
Thanks all of you experts. You all have been great help
Rocky
(Querist) 17 March 2014
What if my husband has already married with someone else? What would have happen then ? Do I still need to go through divorce to marry again?
prabhakar singh
(Expert) 17 March 2014
That means your husband would not admit to have been married with you.
if on record you too have never shown married and have never written your husband's name then better forget you were ever married to any one.
because on proof of having been married to you,your husband has committed offence of bigamy,hence for all practical purposes,he would deny his marriage with you.
BUT IF YOU ON YOUR OWN HAVE EVER SHOWN HIM YOUR HUSBAND ON ANY PUBLIC RECORD SUCH AS P_PASSPORT,etc.,THE IT IS WISE TO SEEK DIVORCE ON GROUND OF HIS SECOND MARRIAGE BEING BIGAMY AND CRUELTY.
AND DOUBLE SURE YOURSELF THERE IS NO RECORD OR REGISTER OF MARRIAGE AT TEMPLE WHERE YOU WERE MARRIED.
ELSE YOU MAY FACE PROBLEMS FROM YOUR PROSPECTIVE HUSBAND IF THIS FACT IS REVEALED TO YOUR PROSPECTIVE HUSBAND WHO THEN CHOOSES NOT TO IGNORE IT.
Rocky
(Querist) 18 March 2014
Thanks very much for all your help.
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
In my opinion you have to approach a proper court of law seeking dissolution of marriage by a decree of divorce. As you said that you are staying overseas, presumably away from your husband for the last five years or more, you have strong grounds for divorce namely non-cohabitation for two years or more upwards and desertion. So it is always better to go legally without further delay.
