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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.


Additional Details:


She wants to live with the other person and not interested in living with me.

 

Dinesh.

 

 



Learning

 8 Replies

Raj (Other)     04 November 2010

sir,

how long does the annulment process take usually.?

wont the judge ask for evidence of force.?

 

 

 

 

cyberlawyer (barrister)     04 November 2010

I am not aware of how much time it would take for annulment of marriage. But i am pretty sure it is a speedy process unlike divorce where lengthy procedure is involved.

As far as annulment is concerened, in my opinion, the girl can show photographs / letters  between herself and her lover. But i think for annulment her statement that she has undergone marriage by force itself would suffice...

So dont worry...

Arup (UNEMPLOYED)     04 November 2010

i am in doubt, whether annualment will be allowed or not because the wife did not take any objection at the time of marriage and the solemnization was over peacefully.

under this circumstances question of force not much reliable.

another option is go for divorce on mutual consent.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 November 2010

Querist,

You can go in for annulment, and your wife's statement would suffice, you can also perhaps go in for mutual consent if your wife is so living, but its better to go in for annulment, as that would establish your bonafides and that you have been on the suffering side, plus it would help you if they might try to implicate you in some false dowry case, which is being done in a lot of cases these Days.

Arup (UNEMPLOYED)     04 November 2010

in such cases father should be punished, for impose his will supressing the facts.

both the parties lost their efforts and resources due to his ego.

M V Gupta (Advocate)     05 November 2010

Annulment of marriage would appear to be a better option, as this would avoid any future action by the woman for maintenance or other kind of vitious action under the influence of her parents.

jaansun (Officer)     06 November 2010

Mr. Dinesh! u don't worry about that lady, u can file case for Divorce from her with mutual consent u/s 13(b) of Hindu Marriage Act or u can file suit for declaration that the marriage is null and void as it was performed without her consent by force. please contact a family law expert/Advocte.


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