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Vilash (NA)     19 December 2012

Marriage at early age can be null or divorce possible???

Hi....

Actually I have one friend, she has almost 32 years of age, and she got married at very early age i.e. at the age of 15 to 16 years with dump and deaf boy... Then after she has two children... She was mentaly and physically harrased by all in laws and the husbands also, but because of not awareness she suffered all the cruelties done with her.  But now after the 16 years of marriage life because of the some awareness about the divorce rules she has decided to move from husband's home either by divorce or by proving that the marriage was NULL.  

But  her parents and in laws, husband all denying for the divorce, so now what should she do??

 

So please give your guidance...



 2 Replies

Goutam Prasad (Advocate)     19 December 2012

In the circumstances mentioned above, your friend could have filed for anullment of marriage under section 11 only up to one year from attaining age of 18 years.

Now, your friend have only option to file divorce petition under section 13(i)a on the ground of cruelty.

As consent of her husband is not there she will not be able to file mutual consent divorce under section 13B.

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Msk-need -nuetral- laws (self)     20 December 2012

all annulement ground are valid within one year of the commencement of marriage.


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