Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Julia (none)     07 December 2009

can foreign spouse do annulation of marriage in goa?

 Hi,

I am from Europe and got married with my indian husband in march 2009 in goa.

Now as I came back to meet my husband I found out that he married me for the wrong reasons and I like to know if I can do annulation of my marriage.

Here are some reasons why I want to annulate>

- he just married me to get a visa to a good country. before he tryed many western woman, also 40 years older then him but didn't succeed.

- he applied the family-reunin-visa for my country end of june and 3 weeks later he already followed other western girl (i have proof in emails he sent her, telling her how much he loves her and excusing for calling her at night). Luckily he never got the family-visa!

- if i don't take him to a "good" country he will follow another woman. 

- nothing he ever told me was true. he doesn't have any money, land or rich parents. he even cheated his parents and used that money for the marriege (he payed lawyer and paperwork).

- he told me that he was a male prostitute also.

- i was more then 6 month seperate from him.

- i don't know if it's true but he also told me that he killed somebody in a car accident (not on purpose) and escaped his country.

- i never got intruduced to his parents in haryana, they don't know he is married and to me.

- he cheated me for money.

so will all these excamples be reson enough to get an annulation, as marriage was just in this year?

we got married under special marriage act in from of court in goa. we didn't have any papers, just a passport and whitnessers, who promised, that we both are not married.

I don't want him to have any right on my money. he has a copy of my bank-statement, as he needed it (if it's true) to apply for a visa to australia where he wantet to settle with me. but may be he try to steal the money from me.

and also i like to know how - if i can annulate it, how i can do it and how much money it will cost me approximately.

Thanks in advance for your reply and information. 

 

Julia



Learning

 6 Replies

N.K.Assumi (Advocate)     07 December 2009

If you are in Delhi or ready to go to Delhi I can refer some expert in conflicts of law to deal with your case.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 December 2009

Marraige was solemnised in Goa and your husband is resident of Goa and you both are residing in Goa. Hence approach a family court at Goa.

Julia (none)     07 December 2009

 dear sir,

no husband is actually resident of maharastrah but he left india anyway.

 

do you think annulation will be possible in my case?

if so, I will go back to goa latest in february to sort this out.

thanks for any information you can provide me.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 December 2009

Which is the last matrimonial home, i.e. where you both resided together.

Where the marraige took place.

Where you reside. (in India)

Where is your husband residing(in india) (Where is he now)

All these places have jurisdiction to file a petition for divorce.

 

 

Julia (none)     08 December 2009

we have been residencing together in goa from jan 2009 till april 2009. then i went home to europe.

we got married on 30.03.09 at court in goa.

since end of april i have not been in india or goa.

my husband is residencing in maharastrah but he left country and won't come back.

he applied for a family-visa to europe but they didn't give visa up till now and i will stop the visa-process from my site and.

 

i'm not looking for divorce, i prefer annulation. would this be possible in my case?

 

thank you very much for advice.

kind regards

julia

Hardik Mehta (Family Counsellor)     08 December 2009

Julia,

You can approach your countrys visa handling office for the possible imigration fraud. You then need to file the case in India for the same. If the visa is not there, or the visa is cancelled, he will be deported back to India. Once he is back to India, he will give the divorce to you or you can ask for the same after completion of 1 year of marriage.

If the marriage has not been consumated, then you can file for annulment on the grounds of non-consumption of marriage. It would be difficult for you to prove fraud to get annulment.

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