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kumar (engg)     02 December 2013

Forced marriage of girl by her own parents

Hello All

I got married to a girl of age 25 in april 2011in an arrange marriage. Girl was apparently forced to get married by her family and her relatives without the prior knowledge of me or my family marriage.  It was projected as a decent arrange marriage . We had no dowry demands etc. 

The girl is not willing to consummate the marriage, after repeated efforts and persuasion . Finally close to year later when the parents of the girl and boys parents tried to resolve the issue , she disclosed that the marriage was forced upon her. The girls parents still were denying of any force marriage. Now after lot of discussions and persuasion from girls family , She insisted that the she will mend her ways and lead a conjugal life . That didn't happen even after another 8 months . Girl puts blame on her parents and parents on her. There was no fights/quarrels between us in the whole period. I liked to settle the matter amicably , was not willing to drag this to court of law. 

Finally she left my place with no reason to return back.She left citing reason that she doesn't love me and cannot thus continue this marriage. I filed a RCR case which for past 9 months , no one is attending it. After repeated notices. Not sure if I get a decree of RCR she will lead a conjugal life

Please advice how to proceed. I feel like cheated and mentally harassed as to what has happened. I would have never got married to a girl who is not interested to get married in first place. My life is screwed up here. I am not sure who is at fault but yes i felt cheated , lost of peace of mind and 2.5 years in all this.

Isn't forced marriage a punishable offence in India ? 

 

regards

kumar



Learning

 14 Replies

Dr J C Vashista (Advocate)     02 December 2013

If the marriage is not yet consumated what is the purpose of filing case u/s 9 HMA?

The girl is/was never ready for having physical relation with you, then how you or law can thrust your choice upon her?

Better to forget her seek judicial separation, get remarried and lead a happy married life.

Ashimta Lekhi Malhotra (Independent Lawyer)     02 December 2013

Good advice by Mr.Vashista.

kumar (engg)     02 December 2013

  

Thanks for inputs , Please advice on what is judicial separation , how is different from Divorce. how easy it is for me to get that

Is a nullity of marriage a valid ground to pursue ?  Given that marriage was forced upon her and she never let marriage be consummated 

Second , what actions can I as person take against the parents for such acts of falsification of facts / cheating and still troubling me for 2.5 yrs with any efforts of either reconciliation or separation from their end.

T. Kalaiselvan, Advocate (Advocate)     02 December 2013

Mr. Kumar,

Now its too late for  going for annulment of marriage by decree of null and void because of the passage of time, you should have done it within a year from the date of knowledge.  Now, withdraw the RCR with the permission of court, file a petition for divorce on the grounds of desertion, non-consummation and non cohabitation.  That is the only choice left before you because you cannot force her to join back once she is not interested in continuing the married life with you.  If she is not receiving the summons intentionally , you may get an exparte decree of divorce against her.

Adv. Chandrasekhar (Advocate)     02 December 2013

If your wife agrees, go for null and void decree on the ground of forceful consent on the part of wife.  She has to file this petition with an application for condonation of delay.  If both agree for this, the matter may end within one year at the latest.  Other method is what Sh. Kalaiselvan suggested, which would talke 2 to 3 years, if your wife will not contest such petition vigorously.  Third and simple procedure is to have a thorough discussion and go for mutual consent divorce method, which would take not more than 7 months.  Finally, nothing is possible, continue and hurry up RCR and get decree and later on after one year file divorce on the ground of non execution of RCR decree.  Consult a good advocate and take a wise decision.

Dr J C Vashista (Advocate)     03 December 2013

I concur the views of Mr. Chandersekhar, very well advised.

LegalExpert (Lawyer)     03 December 2013

very rightly advised by Adv. Chandrashekar.


(Guest)

Hello.

Judicial separation is a relief, which is available to either of the spouse. The party which seeks judicial separation has to take one of the grounds mentioned under section 13 of Hindu Marriage Act. Once, a relief is granted, parties are allowed to live separately for one year. If matrimonial ties are not restored then aggrieved party has a right to go to the Court. Thus, judicial separation becomes a separate ground and another ground for Divorce. Divorce puts the marriage to death, while judicial separation puts the marriage in coma. Judicial separation for a year is a ground for divorce. A legal separation is different from a divorce. If you are legally separated, you cannot marry anyone else until the legal separation is converted to a divorce, and then you must six months after this is done. Also, if you are legally separated and you reconcile with your spouse, you can dismiss the legal separation and thus restore the marriage. In contrast, if you divorce, you will have to remarry the spouse. An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court. The grounds which are relevant to your case are:

Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.

Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.

Non Consummation of marriage can be for two reasons: 1.) Natural Cause, called as impotency. 2.) Non Natural Cause which is willful refusal to consummate the marriage.

It is to be noted that if Non-Consummation of Marriage is on account of Natural Causes -impotency- marriage is treated as void under and 'Decree of Nullity' is prescribed. However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed. Voidable Marriage is one which is valid at the time of solemnization but, after solemnization, marriage is avoided by one spouse by willfully refusing to consummate the marriage.

It is kept in mind by the Court that before granting the prayer to permanently snap the relationship between parties to the marriage every attempt should be made to maintain the sanctity of the relationship which of importance not only for the individuals or their children but also for the society. It would be too hazardous to lay down a general principle of universal application; Hirachand Srinivas Managaonkar v. Sunanda , AIR 2001 SC 1285. I hope your query has been answered to.

 

–Regards,

Advocate Pooja;

www.lawkonect.com

Dr J C Vashista (Advocate)     04 December 2013

Very well explained by Advocate Ms. Pooja.

kumar (engg)     04 December 2013

Thanks all for the inputs. 

One last question i have  here is can petition of Annulment of marriage  for non-consummation and force consent as suggested by Advocate Ms Pooja be moved and alternatively seeking divorce under grounds of  cruelty for non-consummation of marriage.

The intention here is that  if the court doesn't find grounds good enough for annulment , it can grant divorce as alternative relief.

Confused here as one side its like saying the marriage is not valid on the other we are saying is marriage is valid by seeking divorce.

 

 

regards,

kumar

Dr J C Vashista (Advocate)     05 December 2013

Engage a local lawyer to handle your case professionally

Adv. Chandrasekhar (Advocate)     05 December 2013

Nonconsumation of marriage due to impotency of the respondent comes within the purview of "annulment" provision, whereas nonconsumation for some other reason but not because of impotency of respondent amounts to cruelty and comes within the purview of  "divorce" provision. 


(Guest)

Hello Kumar.


Annulment means that the marriage has not happened at all. The marriage is declared void if the marriage has happened due to non-consumption of marriage, fraud, force, concealment of the facts or the couple is in the prohibited degree of relationship. 

Divorce is the dissolution of the marriage by both the parties on the basis of cruelty, desertion, adultery etc. Here the alimony as well as maintenance comes into force, if one of the spouses wants so.

Non consummation of marriage can be for two reasons:

1.) Natural Cause, called as impotency.

2.) Non Natural Cause which is willful refusal to consummate the marriage.

When there is non-consummation of marriage on the basis of natural causes, (impotency): the marriage is treated as void and 'Decree of Nullity' is prescribed.

However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed. Voidable Marriage is one which is valid at the time of solemnization but, after solemnization, marriage is avoided by one spouse by willfully refusing to consummate the marriage.

 

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at info@lawkonect.com

 

-Regards

Advocate Pooja

www.lawkonect.com

Ms.Nirmala P.Rao (CEO)     18 January 2014

I concur with Expert Mr.Vashista..Implement his well meant counsel!


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