Anuj (chef) 27 February 2014

Can i file annulment after 1 year

i got engaged 8 months ago and registered my marriage in the next few days it as a love marriage.i came back to australia soon and the traditional wedding was scheduled in december 2014.

now she dont want to marry me as she is having an affair with someone else.

i have chat records where she admitted on cheating on me.

can i file an annulment after 1 year of marriage .as i cant go to india before december.

is the chat record enough evidence?

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3 Replies

Anuj (chef) 27 February 2014

Under Hindu marriage act. But why should I be called a divorcee because she was cheating on me? Can't I file an Annulment?

Anuj (chef) 28 February 2014

The marriage has not been consummated. We married at the temple and then registered the marriage. Hi raj, how is the marriage invalid

Amit (NA) 28 February 2014

Once marriage is registered, it’s valid under law. You need to approach court to dissolve it.
But marriages are registered under a specific act like HMA or SMA right? Which one was yours.

As I understand, you have 3 options:
(1) File an RCR. If she denies marriage, explains to court exactly what happened and produce marriage cert. If she still denies, respectfully ask her and court for dissolving of this marriage.
(2) Ask her for mutual consent.
(3) File divorce under grounds of cruelty (for denying you s*x) and adultery.

I don’t think marriage can be annulled. You need to go for divorce.