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manish (process associates)     23 February 2015

Annulment

HI all Need your suggestion.

I manish wants to know that.....

I have a frnd who is recently merried to some one without her consent bcz her parents had forced her to do that merriage otherwise they will suicide.

 

Now she is meeried and unhappy and vergin also

Question is .

 

Is she can firle for annulment or divorce ? which is the best

on the groud of forcement from her parents

 

is that will be sufficient to get annulment that her parents had forced her to do merriage  ?

 

 



Learning

 13 Replies

Manpreet (Manager)     23 February 2015

Dear Manish,

If she was that much strong, then why she agreed to marry?

Now if she will go for divorce what about parents, will they not suicide? (Or by making story she has already fooled her parents)

Just think if anything like this happens to your own brother.

Now coming to your question ,

1. She should wait for one year then go for MCD and

2. she must file a case on her parents for forcefully marrying her.

Atlast just think in the complete drama where was the boys fault....

Expecting replies from experts..

manish (process associates)     23 February 2015

Thanks madam ,

 

but the truth is that she loved some one and parents were aware about that even after knowing this they let her know about the merriage 1 wek before the merriage....I just wants to know that will it work if she will go for annulment and her parents were govt emp it will effect there job?

Adv k . mahesh (advocate)     23 February 2015

how many days completed for marriage and what about her husband intention even he is also interested in the same 

why not discuss mutually and stay let both live happily as above said think about there parents 

and if the marriage is only in days then you can file for annulment , meet a local and discuss for the further

manish (process associates)     23 February 2015

she had not goes for the drama ...even boy and girl just meet on phone calls not personally and her parents laready warnd her to go with that option ...

 

You dont think so that it is the right of the girl to choose her partner accordingly for himself ....?

manish (process associates)     23 February 2015

there is only 4 days of merriage life now... and she wants to go for annulment ...

manish (process associates)     23 February 2015

Will it work ... because her parents and siblings can denied about the truth

Adv k . mahesh (advocate)     23 February 2015

if she is a major then she is having every right to choose her life partner 

even boy and girl just meet on phone calls not personally and her parents laready warnd her to go with that option 

what do you thing that with only phone calls you think she can choose her life partner 

and want to leave the marriage which is just 4 days why not give it a chance 

manish (process associates)     23 February 2015

She loved someone and cant live without him


(Guest)

dear queriest,
totally agree with u. bcoz on earth every type of people stay. it mk no different whthr u r the hero of the present situation. agreed she got guts after the marriage only not before. tht is the life. bt in this process she ruin the social life of an innocent person who married in gud faith. she shld hv informed her before marriage. nw a dys who think fr others. blessing in disguise she has a gut to raise a voice against her parent.

frm post, it seems she tell u everything including personal sensitive details too means u hv very closed intimacy.

manish (process associates)     25 February 2015

She had the guts even before the merriage but her parents told that they will make suicide if she will not merry with the same person and she had not ruin the life of that guy bcz he came to know about all that just after the merriage not after spending so much of time and its gud for that guy i think that he came to know about that much earlier becoz that girl have no feelings for that guy

Its her right to choose his partner to continue her life along with that guy.

manish (process associates)     25 February 2015

She had the guts even before the merriage but her parents told that they will make suicide if she will not merry with the same person and she had not ruin the life of that guy bcz he came to know about all that just after the merriage not after spending so much of time and its gud for that guy i think that he came to know about that much earlier becoz that girl have no feelings for that guy

Its her right to choose his partner to continue her life along with that guy.

Adv k . mahesh (advocate)     25 February 2015

Grounds For Annulment The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following: 1) Either spouse was already married to someone else at the time of the marriage in question; 2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age); 3) Either spouse was under the influence of drugs or alcohol at the time of the marriage; 4) Either spouse was mentally incompetent at the time of the marriage; 5) If the consent to the marriage was based on fraud or force; 6) Either spouse was physically incapable to be married (typically, chronically unable to have s*xual intercourse) at the time of the marriage; 7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world. 8) Prisoners sentenced to a term of life imprisonment may not marry. 9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a s*xually transmitted disease)

Voidable Marriages
A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud

Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) 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:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

go through the above section under which you can apply in the court for nullification of marriage and before that first consult a lawyer and take his advice accordingly and in which city you are from 


(Guest)

where is the gut @ tht time.
gud to knw tht her parent r nw practical and hv no worry abt remarriage of their girl child since another is waiting so no more suicide threat.

bt wht abt the social life of tht guy who marry her and his fmly. they hv to live with divorce tag with no fault of their.

indeed every one hs right to choose own path bt who says @ the cost of innocent except person of selfish thought. to justify anyone gv any reason under the sun.

admirer of ur baseless excuses to shield selfish betrayal nature.
 


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