He needs to take the help of cruelty ground only. Getting married against will can also be ground for annulment if you can prove
Forced Marriage
One of my friend has been forced to marry a woman by his family He did marry , how ever he is not happy and want a divorce . How can he apply for divorce without any cruelty grounds . He was forced to marry and he cannot prove it. If he want to file for a divorce how can he file and what will be consequences for him and his family. Please suggest
Asked 6 years ago in Family Law
Religion: Hindu
22 Answers
See if he was forced he has to.give evidence of same and can file annulment but in case same is not there then in that case only to file divorce on cruelty or mutual consent.
And cruelty needs to be proved too.
Best way out is that if along with him, his wife is also ready for divorce, they may apply for divorce by mutual consent.
If wife is not ready for divorce, he will have to contest a divorce case against her invoking/taking grounds specified in section 13(1) of the Hindu Marriage Act/.
If he can prove that marriage has been done by force , what will be consequences for his family and him
Asked 6 years ago
Kindly provide marriage details like date, and whether they had kept physical relationship which is called in legal terms consummate.
So can tell you to go for annulment of marriage or divorce.
No consequences for family you can annul the marriage
See in annulment there shall be no consequence for family the court on basis of force can annul the marriage.
the marriage was forced upon him, and was not a consequence of consent given by him, and incase he can prove this; he is free to file a petition seeking annulment of this marriage.
When was the marriage solemnised .?
2) if you were forced to marry against your wishes file for anullment of marriage within period of one year of marriage
3) in alternative file for divorce on expiry of one year of marriage
Husband can file for anullment of marriage within period of one year of marriage
Dear Sir,
A forced marriage occurs when one or both spouses do not consent to the marriage. One might be forced into a marriage by the use of coercion, guilt, threats, blackmail, harassment, financial pressure, physical force or might even get tricked into such marriage. If one of the spouses doesn’t want to get married and the marriage goes ahead anyway, it is forced marriage. You must hire the best Divorce Law Attorneys in India to give you a clear understanding of this concept. A forced marriage is a violation of human rights. It is also a form of gender violence since it usually involves mental or physical abuse, blackmail and coercion from either family or society.
The process of Annulment of marriage is also available in Indian laws which covers your situation where the marriage has been forced on either of the spouses. Annulment is a legal process where the marriage can be undone or erased, as it never existed. By this, the marriage is declared null and void. The difference between annulment and divorce is that annulment says that the marriage never really happened. If the marriage has been done by fraud or force then these are the valid grounds for an annulment. The process of annulment is similar to that of a divorce which begins with the filing of an annulment petition and ends with the court giving out the last verdict of making the annulment real.
The Delhi Court has said that the right to chose one’s life partner is a fundamental right. It is an integral part of your life. As per Laws in India, both men and women have the right to enter into a marriage freely and they both have equal rights against forced marriage. Both have a right to chose their life partners. In fact, Article 23 of the International Covenant on Civil on Civil and Political Rights 1966 states that, “No marriage shall be possible without the free and full consent of the intending spouses.” Article 16 of the Universal Declaration of Human Rights also deals with discrimination against women in marriage-related matters and that both have equal rights to enter into a marriage and same right to freely chose the spouse to enter into a marriage with full consent. You must hire the best Divorce Lawyers in India to get you through with your divorce process and so that both of you will be able to live your life freely with your will and consent.
The divorce procedure should start by filing a divorce petition in the court having appropriate jurisdiction over the matter. If a spouse is not willing to get a divorce by mutual consent in a forced marriage the divorce can be filed by contesting. Contesting a divorce is a long and expensive process. After filing the petition, the other spouse gives an appropriate reply regarding the petition for divorce and then the divorce will go into the trial proceedings which involves examination and cross-examination of both the spouses. At last, the court will give a final order which will legally dissolve such a marriage.
Forcibly marrying someone is in violation of your human rights and legal rights in India and you must hire the best Divorce Attorneys in India to help you get out of a forced marriage by the legal process which has been laid out.
If he can prove this then the divorce would be granted. His family may suffer as tge opposite party may institute false cases against them.
Regards
He should state on oath that he was forced. Any proof should also be annexed along with the petition.
- For Annulment of marriage, one of the following conditions has to be satisfied:-
((a) Bigamy : Already married to another person at the time of marriage.
(b) Forced Consent: Threatened or under duress.
(c) Fraud: Lies or misrepresentation.
(d) Marriage prohibited by law: Family relationship is considered incestuous.
(e) Mental illness.
(f). Mental incapacity.
(g) Inability to consummate marriage.
(h). Underage marriage.
OR
Convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
5. If you opt for contested divorce, then any one of the conditions have to be satisfied:-
(a) After marriage, voluntary sexual intercourse with any person other than his/her spouse
OR
(b). Treated the petitioner with cruelty
OR
(c). Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition
OR
(d) Has ceased to be a Hindu by conversion to another religion
OR
(e). Has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder
OR
(f). Incurable form of Leprosy
OR
(g). Incurable form of VD
OR
(h). By entering into any religious order
OR
(I) Has not been heard of as being alive for a period of 7 years or more.
Your freind can file a case for dissolution of marriage before the Dist Judge or the ADJ court. Try for mutual divorce or else it may be possible that he may to face a long legal battle.
marriage may be annulled if any party was forced to marry but this requires strict proof and evidence.
Best option is explain her the background and to go for Mutual consent divorce.
There will be impact on his family and him because of no fault of he girl her life is spoiled.
If both parties can get it sorted out amicably, the sailing will be smooth.
Handle the issue with utmost care and diligence.
1. Your friend should have taken a conscious decision before marrying as Indian laws do not permit a spouse to seek dissolution of marriage unilaterally on the ground of being unhappy with his/her spouse.
2. If and only if he can prove that marriage was done under coercion then alone he can file a petition for annulment of marriage, but it has to be filed within a year from marriage.
He should file case for annulement of marriage on ground of marriage by force and coercion by family.
If his marriage is less than one year old then he can file a petition seeking annulment of marriage for the reason that his marriage was forced on him against his willingness and the marriage has not been consummated.
However if it is more than one year he cannot file a divorce petition on that ground, he may have to choose the grounds of cruelty only.
There can be no consequences upon his family if he files a divorce case on forced marriage.
But that cannot be accepted as a ground for divorce if the marriage is more than one year old.
- Forcing a person to marry against his will is a criminal offence under the Criminal Code,
- A forced marriage occurs when one or both spouses do not consent to the marriage and duress is involved, hence a girl under the age of 18 and boy under the age of 21 cannot legally marry in India.
- This Force marriage can be , by the use of coercion, guilt, threats, blackmail, harassment, financial pressure, emotional pressure, physical violence, psychological duress,
- Further, If the complaining party does not give explicit consent for the marriage, a court can void it, even under Hindu Law.
- Hence, if your friend realize, that he was a victim of Force marriage , then he should lodge his complaint against the marriage to the local police.
- He can also file a petition before the court for annulment of marriage , Or if , the girl also agree for separation , then they should file a mutual Divorce petition.
- If your friend will prove that the marriage was done by force, then both parties will be separated as per law.
Good luck and dont forget to rating Positively.
Dear Sir,
Normally such defenses cannot be accepted unless your friend lodged Police complaint before or after the marriage.
Ask your friend to go through the following few consequences if he wish to go for divorce
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FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
- What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
