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Dinesh (Analyst)     04 November 2010

Forced Marriage

Hi,

I got married recently and found out from my wife that the marriage was done due to force from her father and she was not interested in me and didnt want to get married as she was in love with some one else.

This has come as a shock to me  and want to do the best for both of us.

After some researching I found that annulment is a option.

Any ideas/experience as to how we can do this because I am sure her father will not come to the court and testify about using force.

IF she alone testifies will that alone be sufficient.

Please help.

 

Dinesh.

 

 

 

 



Learning

 10 Replies

Kiran Kumar (Lawyer)     04 November 2010

dear Dinesh, its better to talk to your wife and discuss the whole issue in detail.

 

dont jump to divorce straight way, there can be better solution with mutual discussion.  since yours is a recent marriage therefore the knot is still at initial stage.  at this juncture it will be easy to settle the problem amicably.

 

Ask her whether she wants to marry the other guy or wishes to continue with you....if she is willing to marry him then let your marriage be dissolved by way of mutual consent....presence of your father in law is not necessary in case you go for divorce on the basis of mutual consent.

 

the whole set of advice may look like a bollywood act but the fact is you have to settle the matter at this stage itself.  long continuance of such kind of marriage will create trouble to you only.

adv. rajeev ( rajoo ) (practicing advocate)     04 November 2010

You have to sort out this problem by discussing with your wife, inspite of it she is not ready to live with you, then go for mutual consent divorce, it is the better solution left to both of you. There is no meaning with live her if she is in love with some body and not ready to live with you

G. ARAVINTHAN (Legal Consultant / Solicitor)     04 November 2010

i concur with Kiran sir


(Guest)

Dear Dinesh,

Your story seems like  a hum dil de chuke sanam as you said that want to do the best for both of us.

OK, now just follow the first step that Kiran Kumar and adv. rajeev ( rajoo ).

discuss this issue with your wife and told her to take this decision with cool mind as this is a very big decision .

And suppose if she dont want to continue the marriage then divorce by mutual consent is best option.

but for that 6 Months waiver in divorce by mutual consent Section 13 B (quick solution) necessary but here my question is whether the court gave this quick relief on the ground mention on basis of 6 months waiver ?

I think the court should wait for 6 months as she will rethink his decision but here her parent can also create problems as they filed for Divorce by mutual consent.After some time passes she will forget the past and dont think about divorce.so,my advise is dont jump to divorce straight way as kiran sir told.

Arup (UNEMPLOYED)     04 November 2010

another option -

let her file the divorce petition, you accept the notice but don't attend the court, let it ex party.

1 Like

Arup (UNEMPLOYED)     04 November 2010

or vice varsa.

but a ground to be selected, either cruelty or  adultry.

1 Like

Avnish Kaur (Consultant)     04 November 2010

there should be no collusion :)

1 Like

Avnish Kaur (Consultant)     04 November 2010

keep her in confidence and good humour , she may file fake 498a or dv in case her parents pressurise her.

agree with arup ji above advise but legally speaking there shud be no collusion. wat about alimony?consult an expert lawyer in person , he will suggest you many options possible here if she is ready to get separated.

1 Like

Arup (UNEMPLOYED)     05 November 2010

YES THERE SHOULD BE NO COLLUSION AS STATED BY MS KAUR.

IT IS A CONDITION AND A LEGAL POINT.

AT LEAST YOU HAVE TO CERTIFY IT, IN YOUR PETITION.

1 Like

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