Hi,
I Need your valuable advises on how this marriage can be declared as null and void
In this case hindu girl married muslim guy in front of advocate/notary without falling either hindu or muslim customs. Couple signed infront of advocate and it was registered in tamilnadu marriage act. Guy was leaving to dubai and he wanted to be safe if the girl's parents sees some proposal and he forced the girl to sign though she is not completely convinced. She signed just because of the guy's emotional blackmail. After the marriage both are living seperately and it's been four years now. Girl filed divorce case in family court last year june as he totally changed and started abusing her and torture her mentally that she is having illegal affairs when he was not in india. Guy is delaying this case willfully by not attending critical hearings and he is abusing girl's family that they are responsible for this though girl is repeatedly telling him that she don't want to continue in this relation. He is also behaving polite infront of Judge and he is showing his true character outside the court and wanted the girl to struggle without giving divorce
As per Judge though it is not registered in Special marriage act, it is valid since it's been three years by the time she filed case. Whether this marriage can be treated as valid as it is inter religion marriage? Whether Advocate is the proper officer under any marriage act to solemanize the marriage? Previous suggestions told me that this marriage is not valid as it is not registered in special marriage act, however i don't understand why the lawyers/Judges here are not viewing the law in that way?
I understood from tamilnadu marriage act that notice period is not required like other marriage acts. Also, Tamilnadu marriage act is additional marriage act in addition to special marriage act in which this marriage should have been registered. Please suggest if my understanding that this marriage should be registered in both acts and not only in tamilnadu marriage act is correct or not?
Divorce petition was initially applied on the ground of non-consumation and judge has rejected it as a ground for filing petition. Judge also suggested to file on the grounds of harrasement. fraud, etc which are mentioned in hindu marriage act. Though there is fraud in guy's side there is no proof with girl to prove that this marriage is done with force/cohersion.
Now i request you to provide some grounds and relavent case laws on which this marriage can be declared as null and void. please let me know if you need any further details to suggest.
Thanks for your patience in reading through this message and suggesting.
