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aishwarya   03 September 2018

Annulment is necessary or not?

Hello the dignitaries my question is as follows

1.The marriage is alleged to be performed according to hindu marriage act,1955. But in reality with the evidences,the marriage has not been solemnized according to the rituals and saptapdi as per section 7 of HMA.

2.The consent of the bride is taken by false claims of education,finance and stating false in love marriage.

3.Also the marriage videos are not there,but the photo consist of only garland,mangalsutrra filmy pictures and one notarized affidavit sworn.

4.I want to ask if the marriage is not solemnized,is it necessary to have annulment decree from respected court?Also how much time does a normal annulment process take if all evidences are clear?

Thankyou



 7 Replies

aishwarya   03 September 2018

Is this marriage legal in eyes of law?

amar (lawyer)     03 September 2018

Marriage is legal, you can file annulment petition. To discuss more, call me at 9811440079.

aishwarya   03 September 2018

Hii sir the marriage is not yet registered formally

amar (lawyer)     03 September 2018

Dear in that case, a suit can be filed seeking declaration that no marriage was solemnised nor there exists any Matrimonial ties. It may take approximately 9 to 12 months depending upon the Court in which it is marked.

aishwarya   03 September 2018

Thanks a lot sir for your response.

Samir N (General Queries) (Business)     04 September 2018

Thats your side of the facts. The other side will argue otherwise. The law is gray in this area and all the formalities need not be completed to ascertain that a marriage has taken place. In villages, you can imagine if formalities were adhered to strictly to recognize a marrage....  In India laws are uniform, as they should be, and applicable across all sections of society. 

Keep in mind that ultimately a marriage is a contract, albeit one that is sugar-coated by religious rituals. All contracts are deemed null and void under certain circumstances such as coerciion or deceit or....  You can apply one of them as grounds rather than rely on non-completion of formalities.

1 Like

aishwarya   04 September 2018

Thankyou sir!!

 


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