Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

unexpected (Sw Eng)     04 February 2014

Divorce or annulment

Hi, I'm working in europe and register marriage under HMA in Dec '13 before actual marriage (which was planned in third quarter of 2014) . Now the girl doesn't want to marry. What shall be done to dissolve this marriage? Should i wait and apply for Mutual consent divorce or are there any other ways to get rid of this?



Learning

 8 Replies

Shantanu Wavhal (Worker)     05 February 2014

if u r hindu & no homa - saptapadi performed, the marriage is void.


mere registration of void marriage does convert it to a valid marriage.

1 Like

unexpected (Sw Eng)     05 February 2014

Please can you let me know the procedure to make this void?

unexpected (Sw Eng)     05 February 2014

well, they are not aiming for money. some misunderstanding between me and the girl grew bigger and now the girl doesnt wants to marry. How can we part legally, since the register marriage is done under Hindu Marriage Act?

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

The only option left with you  is that you have to wait for one year from the date of registration of marriage and apply for divorce on mutual consent which will take another six months for dissolving the marriage by a decree of divorce.

Shantanu Wavhal (Worker)     05 February 2014

u need to file sec. 11 of HMA.

no need to wait for 1 year.

stanley (Freedom)     05 February 2014

I agree to the advise of T.Kalaselvan  . And when it comes to mutual consent divorce she will try to extort money from you like a terrorist holding you at Ransom . Else she will resort to DV under section 18,19,20,21,22 that is Right to residence ,compensation ,Maintanence ,protection order  , 498 A ,CRPC 125 for  maintanence . 

If your MCD goes well with out paying anything, thank the gods that you are truelly  blessed . Else welcome to the world of gender biased laws and false cases being filed against you as we sail along in the same boat

T. Kalaiselvan, Advocate (Advocate)     05 February 2014

I respectfully disagree with the opinion of Mr. Amit stating "u need to file sec. 11 of HMA.no need to wait for 1 year."

The querist has got no grounds to file a petition under the provisions of Sec11 of HMA seeking the marriage performed to  be null and void.  It is a properly registered marriage under the provisions of Hindu Marriage Act which cannot be denied, hence to dissolve the marriage a decree of divorce through a court of law is the only solution, in this case both have to wait for a period of one year from the date of registration of marriage to file a petition to dissolve the marriage by a decree of divorce under mutual consent.

Shantanu Wavhal (Worker)     05 February 2014

for hindus, 


no ceremonies = no marriage


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register