legalfight (Technical engineer) 05 January 2011

Marriage Annulment

hello,

I have been engaged recently and I registered my marriage after engagement to start visa processing. Actual marriage was to happen later(which never happened).I flew out of India immediately after marriage registration. After marriage registration girl true colours came out and we decided to cancel the marriage. Now girls side started blackmailing us of different laws like 498 (didnt even know there was such thing till that point) and said they are willing to cancel the certificate legally if we pay them a huge amount which came down finally to 8 lakhs(We didnt take any dowry at all). Now they say that they dont want to come to court yet as after 1 year they can file divorce and proceed to get more amount(by demanding property share).

What options do I have now:
1)Can I file for marrage annulment or my only option is divorce.
2)If I have to wait for divorce I am afraid they will just prolong it to get more money.
3)Do they really get rights to share the property even without a single day of marriage life?? I dont have any property really. I bought a house for my parents which is under my name as I pay my EMI.
4)Can I start crimanal proceeding against them for blackmailing us for filing wrong cases on us and for demanding money??

If I can file for annulment can you guys help me finding some relevant cases from past which could help me file the case in court. As lawyers are saying that judge wont even accept the case if filed by boy

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 05 January 2011

You went out of india immeditely after the marriage. To prove dowary harrashment it requires evidence. If you want to get the marriage cancel, you will have to file a divorce petition, but it requires reasonable grounds. Only civil court have got power to dissolve the marriages.

If you are a Hindu and during the life of the husband she cannot claim any share in the property of yours'

legalfight (Technical engineer) 05 January 2011

Hello Rajeev,

Thanks for your reply. So there is no chance to file annulment??

(Guest)

you r a confused looser nothing else or have u found someone else???

there is no way of cancelling reg marriage if both the signatures are done . there is only one solution divorce.if however only one sign is done, then u can nullify the reg

there is no need of producing fake invitation for reg marriage..i wonder y u did it unless u did both the signatures on the same day.

you can live alone, but not marry without a proper divorce in place... in case you want a divorce, the easiest way is to speak to her and mutually apply for divorce - 6 month process or put in a plea for annulment - 3 month process.... check what the grounds for annullment can be though and if they are applicable to your case....special marriage can be annuled on several grounds such as fraud, impotence, wife pregnant at the time of marriage, cruelty etc,
Generally, for a marriage to be declared invalid, one of the following grounds for annulment must be met:

    * One or both parties were not old enough to enter the marriage contract;
    * There exists a close blood relationship between the parties;
    * One party was still legally married when the current marriage occurred;
    * One party was impotent and unable to consummate the marriage;
    * One of the spouse's didn't have the mental capacity to enter into a marriage contract. (i.e. due to drunkenness or mental disability)
    * One of the spouses entered into the marriage under duress, threat, or force.
    * The marriage was entered into fraudulently. This may be due to the concealment of impotence, criminal history, s*xually transmitted diseases, etc.
In effect, it nullifies the marriage, returning the parties to their prior single status. It's a common misconception that short marriages can be annulled, but the length of the marriage is not a qualifying factor.
there should not be any unreasonable reasons for example:
*i cannot live with her because i dont love her.
*i cannot live with her because she doesnt cooks food for my mom.
*i cannot live with her because she is not good looking.

divorce can be very messy, i've just gone through one :)

you can get divorce on grounds of cruelty (physical/mental..if there is any such dispute you have to prove it) or on adultery(extramarital affair- you have to prove it as well)
Besides once you file for Divorce the wife could file RCR and also claim maintenance which will be a financial burden on you THINK IT OVER.

don't go for any legal steps.Have a meeting with a common and good friend or go for counselling.Find out reasons of quarrel and try to remove them.

i would like to ask in detail what kind of true colors or if it can really help you to get a divorce or annulment.
i would suggest if the issue is not so strong, talk to both of them and as its a new start give it a try for the relationship and marriage instead of wandering through high courts, cases, spending unnessary money and whatsoever.it would only eat up the time and the life of the two.

backspace rewind the good times.
the more it looks as easy as into entrying a marriage the more it is difficult to get out of it.

Best of luck!