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Bhavani Singh (others)     13 December 2022

Seeking annulment of marriage for fraud

Respected lawyers,

 

I got married to a person last year who was naturalized citizen of Australia of Indian origin. We met online in 2020 before the start of the pandemic and discussed getting married. However due to lockdown restrictions, she could not travel to India. Our families knew about this and we exchanged chats and calls everyday. When I asked about her age, she said she was 6 months older than I was

However, 14 days before our marriage, she told me that she was actually 5 years older than me. I was 35 at this time, and she was 40. So she had been lying to me about her age for almost 2 years. 

Even though I was emotionally shattered, I decided to go ahead with the marriage. My chances of starting a family with her were also very slim.

The marriage was registered under Punjab compulsory marriage act, 2012 Form-5. She was an Australian citizen at this time, and not an Indian citizen. She did not hold an OCI card either.

 

However, 1 year later, she wants a divorce as she feels I am not giving her enough attention. At the same time, her family are asking for a hefty sum for a giving me a mutual divorce. They are also threatening us, and using caste-based abuses against me and family, even though we are not from the SC/ST community, nor is the girl's family.

 

My questions to esteemed lawyers is that can I ask for an annulment of marriage on the following grounds:

 

1. She lied to me about her age for almost two years. Even though I agreed to marriage after she told me her true age, it was only 2 weeks before marriage, and I was not in an emotional capacity to act rationally.

 

2. The marriage was not registered under a Special Marriage Act as is needed for marriages between Indian and foreign nationals. She did not have an OCI card at the time of marriage.

 

3. If annulment is possible, how long does it usually take in India. I know that divorces can take very long.

 

Any help is appreciated.



Learning

 4 Replies

Real Soul.... (LEGAL)     13 December 2022

if you filed a divorce petition then they will ask for huge alimony, just let file divorce petitiona nd you submit everything you have in written statement. However i think she was intentional to rob you , Just make some investigationsa nd collect evidance may be she had a momentous  past records with same colors .

 

Sudhir Kumar, Advocate (Advocate)     21 December 2022

First of all your query is absolutely silent on the aspect as to (i) where mariage took place (ii) how marriage took place (iii) what faith/community to both parties belong. (iv) what ceremony was poerformed (v) how long and where you lived togather

Spl Marriage act comes in play when both parites are of different religion.

 

You nowhere stated if you are of defferent religion.

 

In this case you were in lure to get marriaed to Autralian National and two weekws before you knoew actual age  But still went ahead.

 

Now she feels neglected and you want to prove marriage as void.  You do not seem to have any ground for the same.

 

Now since she is a foreign national (ned not be fully aware of Indian laws) and you have made her to believe being lawfully wedded wife and lived  togather.  Now you are enlightened suddenly that the marriage is void.

 

OK. But delaring this marriage can take you to jail (alongwith those participated in marriage as abettors) in the charge of rape (or atleast attempt thereof if you did not liv etogather and you just planned for the same)

P. Venu (Advocate)     21 December 2022

The facts posted are rather skewed and too opiniated. the facts posted does not suggest any action ground to seek divorce.

Anyhow, wife being elder in age is no ground to seek divorce. 

Sudhir Kumar, Advocate (Advocate)     10 January 2023

if she was elder to you she disclosed so before marriage.  so no deception.

 

please come witn real cause.


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