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kumar (c.s.e)     25 September 2010


hi all,

my name is kumar and i want to share my problem to you.actually i love a girl very much and she also love me very much since last five years but problem is that both our family not agreed for our marriage then before 6 months ago i have decided to marry her against our family but suddenly her parents cheated her they told her that there is a our relatives  marriage in our village (in up) so we whole family need to go there.and after reaching there her parents done her marriage forcefully even she told her parents that she is not ready to marry with some other boy because she love me very much but still her parents done her marriage forcefully just a three months before.i dont kwow whether her marriage registration done or not but her marriage done in a village as arrange marriage so i dont think so that her marriage registration was i have her whole original documents along with me and i want to marry her and she also want to marry with me and we cant live without each other so we r ready to marry each pls give some advice how can we live there any legal way pls suggest.pls help me about this problem.

 6 Replies

Tajobsindia (Senior Partner )     25 September 2010

1. Legally she is wife of another person.

2. Law does not have any remedy in your presented briefs unless with passage of 1 years time both of them present a MCD and further with passage of 6-18 months "cooling period" if both of them stick to MCD then with a Decree in MCD she is releived of her marital ties with the current husband and further she has to wait for next 90 days (appeal period) and after that she is legally available for her second marriage as in this case possibly with you !

P.S.: (off the records a village take) In Love and customary / traditional Life there are too many social if's and but's between cup and lips so act with hosh and/or josh accordingly.


u can get annulment in straight 3 months, but her present husband shud be in confidence. contact a smart lawyer he/she can do it in 3 months.


She has to explain the correct facts to her husband and seek his cooperation to annul the marriage.  If he does not accept, she has to move the petitin under Section 12(1)(c) of HMA for annulment of marriage on the ground that she was forced to marry.  This she can do it immediately.  One year waiting period is not required.  Further, the section stipulates, that the person has to put such annulment petition within one year from the date, when the force is ceased.  Otherwise it is not maintainable.

Without annulment of marriage, you cannot marry and if you will do so, it is criminal offence and her present husband can file adultery case against you.

1 Like



kumar (c.s.e)     27 September 2010

thanks for giving reply..........

kumar (c.s.e)     27 September 2010

thank you sir for giving me reply.....

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