varsha3114 21 April 2016
i regreat to say that a friend of mine fooled me and changed my mind and married both traditionally and with registration in march 2016. now i realize that he played with me . he is a heavy drug addict,drinker and smoker. He also made me file complain against my parents for the marriage. now i realize my mistake and i need help to know is there a chance i give him divorce and move ahead in life. please help me.. i need your valuable advice
Vijay Raj Mahajan (Advocate) 21 April 2016
You can seek annulment of marriage on the ground that he had taken consent for marriage by misrepresentation of facts about himself, about his addiction for drugs and alcohol etc which if were informed to you, you would not have given your consent thus committed fraud, on this ground seek annulment of marriage.
No the divorce will not be possible now as the stipulated period to file divorce is only after one year of marriage.
JOY DAS 786 (SERVICE) 21 April 2016
@ varsha, you can file juducial seperation now itsself. if you get juducial seperation, then after one year of judicial seperation, you can file of divorce making judidcal seperation as the ground for divorce.
Anand Bali Adv. (Advocate Solicitor & Consultant) 24 April 2016
I differ from the advice of "Mr Joy Das 786" as for the Judicial separation also you need to cover at least one year time after your marriage.
Next, as per the declaration of marriage as null and void the facts has to be some material facts and not of the life style acts like smoking of anything of that sort of. These facts cannot be established unless there is a direct evidence of misrepresentation or hiding the fact deliberately. On the other hand you will loose more than a year in contesting the such petition for declaring the marriage null and void on the grounds that the Groom has misrepresented himself and had hide some of the facts with you. In my opinion You should wait for a Year to file a contested Divorce, for which you re having a fare chances to win if you will start gathering some strong evidences against your husband from right now.
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With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India
varsha3114 24 April 2016
thank you for the reply, well the registration marriage happened in hyderabad court, and it was somewhere in march 3rd week. now i want to file a divorce against him.. is there any chance i can file it in fast track courts.. what are fast track courts.. and how do they work.. can anyone briefe me about it.. is there any chance that the marriage is nullified before may..and not let my parents know abt this.