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)?




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.




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




knowingly, u r also involved in this crime.

here are experts who can help u for sure.

Total likes : 1 times


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.




Total likes : 2 times

Advocate/ nadeemqureshi1@gmail.com

Dear Nisha

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

Total likes : 2 times

Legal Evangelist - TRIPAKSHA



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.





Shonee Kapoor


Total likes : 3 times


Hello Nadeem Sir,


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





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


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




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu

IPC Grand Course     |    x