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Nisha Singh (Services)     06 December 2011

Marriage annulment

Hello Experts,

 

I really need your advise as I am stuck in big trouble. I found a guy from matrimonial website and this discussion went ahead between families and we got engage in the month of July’11 and we did illegal registered marriage for visa in the same month because my marriage had to happened in Nov’11 and they want us to travel together. Our Hindu marriage (saptapadi) was scheduled end of this year but they got it cancelled and said his grandmother was expired after our engagement so for next one we cannot get married due to her Barsi. We used to like eachother a lot but her mother created some misunderstanding between us after death in his family she stared blaming me and my family asked for the marriage certificate so they say why you need the certificate you want to make some case on us and there was nothing like that and now from last 3 months he is not talking to me. it seems guy and his family are not interested in getting married and they are not saying NO also because they don’t want to take the blame on their head and they might be in some trouble. As he is working in USA on some project and he is on long team visa so I am not able contact him. He is not replying my messages, emails and phone calls.

 

I am also not interested to marry him now because me and my family is going through such a mental harassment from them even I can’t explain you in some words. I want to get out of this case. I want to get married to a nice guy and in good family. I trusted them completely and I went for registered married without knowing some facts. Let me explain you in points.

 

Point 1 – This marriage is registered  before our Hindu marriage (saptapadi) which was scheduled later. All marriage details are incorrect like dates, place and marriage card because our marriage never happened.

 

Point 2 – Register marriage required two eye witness and  one from guy side and another from girl side so from groom side his Chacha was the witness who is his second father but not on documents/papers and from bride (my) side groom’s mother became witness and she signed on place of my mother and her photograph was also on all the document not my mother’s photograph. I was in love with the guy and influenced by his family and I went in under pressure so forcefully I signed and went ahead for this. I accept my mistake ideally I should not do it and I should told my parents before but I also got to know the same day that they are doing in that way.

 

My Questions are

 

1.       How can I get this marriage annulment or nullify. Please suggest?

2.       Can I get married to someone else right now and it was fake registered marriage?

3.       Can this matter get resolve mutually (b/w both families without any legal case against them)?



Learning

 19 Replies

Shantanu Wavhal (Worker)     06 December 2011

 

 

Indian Penal Code (IPC)

 

Section 496. Marriage ceremony fraudulently gone through without lawful marriage

 

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Shantanu Wavhal (Worker)     06 December 2011

Shantanu Wavhal (Worker)     06 December 2011

knowingly, u r also involved in this crime.

here are experts who can help u for sure.

1 Like

Amit Gupta (Advocate)     06 December 2011

Dear Mam,

the first basic question is where did u get ur marriege registered..? and whether u got married in Arya Samaj or in any Mandir ?

if not, then u must have registered ur marriege with Municipal Counsil or any Local Authority.... in tht case ur photo is there on the certificate and ur signature has also been marked by the registrar. in this case u have to file a suit for declaration stating that the certificate has been obtained under undue influence and cheating...though u r nt married but still u were forced to fill up falls details for obtaing certificate....u can also remarry... for any other query u cn call me.

Regards

Amit

(09929112039)

2 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 December 2011

Dear Nisha

Mr. Gupta is rightly explained, but first of all talk to him and his family to settle the matter mutualy

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 December 2011

Hmmmm,

 

So to get out of it, you would have to make someone scapegoat or wait for another few months and then file divorce on mutual consent.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

3 Like

Nisha Singh (Services)     07 December 2011

Hello Nadeem Sir,

 

If they get agree then how can we go for marriage annulment mutually. Please suggest.

 

Thanks

Nisha

Nisha Singh (Services)     07 December 2011

Thanks a lot for your reply Amit Sir. How much time it will take if i file a petation for marriage annulment.

Shantanu Wavhal (Worker)     07 December 2011

there is no finite time limit set.

petitioner files annulment petition. if the respondent does not contest, then it becomes non-contested case.

but nothing termed ANNULMENT BY MUTUAL CONSENT exits in law

discuss the matter amicably, 1 of u file petition. 2nd should not defend the petition.

thats all

Nisha Singh (Services)     07 December 2011

Amit Sir,

 

If they defend the petition but how they will prove they it was not fraud on actuals it fraud to get the visa. My mother didnot sign anywhere and our actual marrige didnot happen also.

raj malhotra (M.D)     08 December 2011

DEAR NISHA ,

pls note:-im not a lawyer but trying to help u according to my collective knowledge...do consult a lawyer before taking any step...

nisha u r in a very tricky situation....u urself has got ur marriage registered...so forget abt proving it fraud as u and the boy has itself registered it..nobody forced u to do so...now to nullify the marriage one out of u both have to take the burden for the reason to prove the marriage nullified...which either of u will hesitate to do as none of u actually got married but legally u r very well married and u both have signed the documents in front of witnesses...

even now u can not get married before getting a divorce....if u get married without divorce u will be under offence of bigamy which itself attracts punishment...

i will suggest u to:-both families sit down...talk and come to terms acceptable by both families...as the boy is also sailing in same boat as u and u both have to solve this problem...PERSONALLY I WILL SUGGEST U BOTH TO GO FOR THE MUTUAL CONSENT DIVORCE...THE ONLY DRAWBACK IS  U HAVE TO WAIT FOR ATLEAST ONE YEAR FROM THE DATE OF MARRIAGE TO FILE THE PETITION AND U WILL GET DIVORCE AFTER 6 MONTHS  OF FILING IT..

its my opinion ...consult some lawyer if he can bring both families to some acceptable terms or may find sum alternate solution which i think is difficult..best of luck .tc.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 December 2011

hmmmm

 

First decide what you want?

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Nisha Singh (Services)     08 December 2011

Hello Shonee Sir,

 

I want to get out of this case ASAP. As I am not married so i dont want to be in this hassel.

 

Nisha

poppu (none)     18 December 2011

Hey Nisha,

Being a girl myself , my heart goes for you and your family. This is so unfortunate, since you never married. May be its difficult legally since law sees only documents but personally in life you have done nothing wrong..all u did was u trusted someone so much that u let yourself be absorbed by them.

Out of my heart I say you did what your mind said was right and the whatever the conseqences may be just face it and solve it quick. Approach a lawyer quickly instead of waiting for answers, and get a divorce. I am sure the next person in ur life will definetely understand what u went thru and wont care about your first "so-called law marriage"

Just thot of sharing my thots,sorry for not replying to ur legal issues.

have a good new year. May God help you thru this.

Bye


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