When i have to file annulment of marriage in Andhra Pradesh ? When i have to file annulment of marriage in Andhra Pradesh ?

4 years ago

Sir, i married a boy in last year 14th November 2018 when i was in love with that boy. Now i realized as that boy is fraud and he is blackmailing to come with him. In that so called marriage process he just tied mangalsutra to me by standing in-front of god. No other rituals are happen there. and then we went to our homes separately. he has that video and few photos. Is that marriage valid or not? to make that not valid do i have to file case in court? if so when i have to file annulment of marriage before or after november 14 2019 ?

Md Thajuddin

Responded 4 years ago

A.Yes you can file petition for annulment of marriage u/sec 12 depends on circumstances ,however saptapadi is not performed and no rituals have been performed as per sec 7,8 of HM Act

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
A marriage is automatically void and is automatically annulled when it is prohibited by law. Section 11 of Hindu Marriage Act, 1955 deals with:

Nullity of marriage and divorce- Void marriages - Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 mentioned above.

Bigamy - If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary. Interfamily Marriage. A marriage between an ancestor and a descendant, or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption. In M.M. Malhotra v. Union of India, the court held that husband married a woman during subsistence of his first marriage. Such marriage being null and void, his subsequent marriage to another women would not be case of plural marriage.

Marriage between Close Relatives. A marriage between an uncle and a niece, between an aunt and a nephew, or between first cousins, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs.

Voidable Marriages
A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud


Section 12 of Hindu Marriage Act, 1955 deals with Voidable Marriages-
> (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Impotency - If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit. In Laxmi Devi v. Babulal, the wife had no vagina at all, though by surgical treatment an artificial vagina was formed, the husband is entitiled to a decree for nullity.

Lack of Mental Capacity - If the court finds that either spouse did not have ability to understand the nature of the marriage contract or the duties and responsibilities of the marriage contract, then there may be grounds for an annulment. However, if the spouse who did not have the ability to understand the contract gains the capacity to understand it and freely lives with the other spouse, then this ground does not apply. In Pronab v. Krishna, it was held that Schizophrenia which is a type of lunacy is a ground for making the marriage as null and void.

A Party was Under the Age of Consent - Marriage under the legal age, may be annulled. The legal age for boys is 21 years and for girls is 18 years. A marriage by an underage party may become legally binding and incapable of annulment if the cohabitation of the parties as husband and wife continues voluntarily after the person reached the age of consent. In Vinita Saxena v. Pankaj Pandit, it was held that where the parties are young and the mental disorder is of such a type that sexual act and procreation of children is not possible, it may furnish a good ground for nullifying the marriage.

Fraud or Force - If the consent to the marriage contract was obtained either by fraud or force, then there are grounds for an annulment. The person who has been threatened or deceived about the marriage contract continues to live with the spouse after the discovery of the fraud or the deception or after being forced into the marriage, it is possible that this ground will not apply. In Anurag Anand v. Sunita Anand, the court held that false particulars in bio data based upon which the marriage was solemnized amounts fraud and the aggrieved party may annul the marriage.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Madam,
You cannot file annulment of marriage since it seems there are no prescribed grounds for you to seek annulment .
You are in danger situation so you may file regular divorce petition otherwise he may make big issue when you may go for 2nd marriage .
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Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 4 years ago

A.Hello Mam,
Firstly this marriage is no marriage at all.
For a marriage to be valid there must be proper rituals which must be followed in a hindu society. 'Saptapadi' being of the paramount importance which is missing in your case.
There is no need to file any annulment of marriage as there is no marriage at all.
However, you can file criminal cases against such person for fraud and blackmail.
If you like my consultation and would like to move ahead with the same please do consult me.
Thanks
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Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 4 years ago

A.Dear Client,
If you are Hindu then proper rituals must be followed , 7n fere around Agni home, and Mantra chanting by priest. Simply wearing mangal sutra and clips of photo are not enough. Hence , no need to file any annulment of marriage, which if any should be within a 1yr. From date of marriage.
Whereas, you may file a case against him for forcing and blackmailing to establish physical relationship. If any issue further proper legal advise you may contact for on online paid consultancy.
Thanks.
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