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Regarding annulment of marriage as I married minor 3 years back

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  1. #1
    deepaksinghbaran2
    deepaksinghbaran2 is offline Just in!

    Regarding annulment of marriage as I married minor 3 years back

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    hi

    i was forcefully married to a girl in year 2012. after marriage we come to know that the girl is minor and her parents dint send the girl with us. i have started living my life in my way. now i am in love with my collegue. i have told her complete story about my forceful marriage. she is ready to marry me. but now in year 2015 the girl father is forcing my family to bring the girl at our home.

    i have not seen the girl after the marriage and now i want to marry the girl of my choice.

    as the girl to whom i was forcefully married has become major now please help me to get out of this situation.

    the girl was with her family since marriage. my friend suggested me that the marriage can be considered annulled in this ground . please suggest if this can be done.

  2. #2
    Aarish Rizvi's Avatar
    Aarish Rizvi
    Aarish Rizvi is offline eTI Bronze
    Your friend is right, infact your marriage is not legal at all since she was underage , secondly even if marriage gets legal node, its void because you both have been away for too long. But seeing the situation, don't count on my words, go and take some legal advice. It will be worthy.

  3. #3
    deepaksinghbaran2
    deepaksinghbaran2 is offline Just in!
    Thank u ..
    Please also suggest that can a lwayer be hired from anywhere or I need to hire from my region only.

  4. #4
    Aarish Rizvi's Avatar
    Aarish Rizvi
    Aarish Rizvi is offline eTI Bronze
    For general advice, you can visit any lawyer but if you want to file a case or petition then have to get one who practices in the courts of your region.

  5. #5
    deepaksinghbaran2
    deepaksinghbaran2 is offline Just in!
    Than there are hardly any chance for me to win. Lawyers here are suggesting that why are you wasting your time it will take too long your half age will be gone in this only. Sir i cannot live with this girl. please suggest what else can be done. even my parents are not supporting me . they are afraid of society.

  6. #6
    Aarish Rizvi's Avatar
    Aarish Rizvi
    Aarish Rizvi is offline eTI Bronze
    Dear Deepak,

    I am just giving you advice as a friend, I am not a legal adviser, nor I am related this field nor I claim anything. But from my experience, I can say that the lawyer you talked to has no experience in this kind of case, so instead of saying no, he is just miss-guiding you. Generally, it requires lots of research even for lawyers to make an effective case. But even if lawyer is supporting, most of the time its pro-active client ie. you who pushes case in desired direction by their own research and time.

    So, I suggest you that .. 1, try some other lawyer, but 2. before that do your own research, may be a full week to read similar case verdicts online .

    If you can, find some law students, they will surely guide properly and then armed with knowledge, seek advice from professional lawyer.

    You actually need to know whether your current marriage is legal or not, and can you marry the girl of your choice without violating any law.

    You may start with this : Hindu Marriage Act 1955

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  8. #7
    deepaksinghbaran2
    deepaksinghbaran2 is offline Just in!
    i tried searching on net and lawyers says that if the girl says that yes she was under age and marriage was done without her consent that something can be done.
    as per Hindu Marriage Act 1955 it is clearly mention there that any consent can file divorce on the basis of desertion and cheating.
    But problem with me is that my family and the lawyers are not supporting me. They are saying that if you have not lived with the girl than how can you say that she is not up to your choice.

    Sir you only say what logic is this. It means first i have to experiment with the girl. this is terrible.

    what i know is that she is uneducated and i cant live with an uneducated girl. I have seen some dreams for my life. I can commit suicide but will not live with her. i am not getting any positive response from lawyers all are saying that what girl uska kya hoga think about her also. I am fed up listing this.

    please suggest me what i can do.

  9. #8
    Aarish Rizvi's Avatar
    Aarish Rizvi
    Aarish Rizvi is offline eTI Bronze
    I understand your views but seeing the gravity of issue, we can't just hit and try, you gotta to have some legal advice, may be you need to spend some more money, consult friends who knows good lawyer. And don't even think about living with her at all as it will change everything. Though clause 13 (ib) of Hindu Marriage Act says that has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

    However, but it appears works only if you both were not living together for atleast 2 years after filing petition for divorce. Also, clause 5(iii) says marriage is void as she was minor , there are also many other things which makes marriage void, nulled. But you need to understand the severity of the issue, find some lawyer or firm which specifically deals with divorce cases.

    i am not getting any positive response from lawyers all are saying that what girl uska kya hoga think about her also. I am fed up listing this.
    I think the lawyer you are talking is criminal defense lawyer, you should rather consult one who deals with "Family and Domestic" cases which includes divorce.

    Also, anyone with presence of mind can say here that divorce will be good for both, ie. girl and you.

  10. #9
    swapnilramani's Avatar
    swapnilramani
    swapnilramani is offline eTI Iron
    I am not much of connected to law field yet I tried searching out google for annulment of marriage i have got an article which might help you to know more about it brother
    lawyers in delhi, law firm in india, civil lawyer in delhi, family attorney in delhi, criminal lawyer in mumbai, litigation lawyer in Bangalore
    just have a look at it and see whether that helps you or not

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