You can file for anullment of marriage if you were forced to marry against your wishes
2) you can rely upon police complaint if any filed by you
3) also the messages ,audio recordings if any to prove you were forced to marry against your wishes
Can gf who is engaged with her bf do force marriage without consent
My friend was with a gf who never had any sexual contact nor normal contact. She was just schoolmate. He got engaged because the girl threatened to commit suicide. After engagement they went to oyo but he was not satisfied with her. Last 2 years he was depressed with her behavior. She demands everything. He broke the relationship because she blamed him for his color and he took treatment but no result. She agreed for the break up. But after 4 months she and her parents came to his home and did the force marriage without his consent. He was locked in his home. He doesn't have parents and all relatives sided with the girl. He approached lawyer all are saying that the marriage is valid and he cannot file divorce. The girl has threatened him not to give divorce, will file dv and other cases and to destroy his life. She quit her 40k job and is sitting at home. She is ready to put all false cases. How can he escape this marriage it's been 2 months now. His income is 20k and has only 1 sister whom is studying her degree 1st year. He lives in rented house. All marriage rituals was done inside the house. What is the solution. He was never happy with her. She always wants him under her slipper. She doesn't do household works as well all she wants is him to be tortured.
Asked 10 months ago in Family Law
Religion: Hindu
10 Answers
He just approached all the lawyers and was afraid to file police complaint because of the answers of these lawyers. He doesn't have any recording because all of it happened on the same day in his home. He was actually in court on the day of his marriage because he had to pay his bike fine as soon as he went home the marriage has happened same day around 8 to 9pm and the girl attempted suicide after 2 days but that hospital report also they took. Without his consent they have registered the marriage and they are giving him marriage related photos or videos or marriage certificate. Lawyers have informed him that guy cannot file force marriage case only girl has right in India.
Asked 10 months ago
You have no evidence to prove that you were forced to marry without your consent
file for divorce on expiry of one year of marriage
If the marriage was performed by threatening, coercion, using force, let your friend file for Annulment of Marriage in the jurisdictional Court. But your friend should have evidence to prove his allegation of forced marriage.
He can file contested divorce on grounds of cruelty
- As per law, If the consent to the marriage was based on fraud or force, then it can be annulled by the court
- If there was no witness on behalf of your friend at the time of solemnization of said marriage , then he can file a declaration suit before the family court for declaring the marriage as null and void.
- Further, your friend can also lodge a complaint before the police as information after narrating all the true facts of his forced marriage , and mention that she is threatening for implicating him in false cases
Dear Client,
Your friend could explore the possibility of seeking an annulment of the marriage. An annulment essentially declares the marriage null and void, as if it never legally existed. Grounds for annulment may include fraud, coercion, or lack of consent. Another option your friend might consider is pursuing a legal separation. This would allow him to live separately from his spouse while still legally married. If your friend has experienced or fears experiencing domestic violence or abuse from his spouse, he may be eligible to obtain a protection order. This legal document can provide him with protection from further abuse and may include provisions such as no-contact orders or requirements for his spouse to move out of the shared residence. Grounds for divorce in India include cruelty, desertion, and adultery, conversion to another religion, mental disorder, and incurable diseases, your friend can file for divorce on the ground of cruelty.
The marriage was thrust on him forcibly against his willingness under pressure hence this marriage is invalid.
He can file a petition for annulment of marriage under section 12 HM Act for the same reasons.
He can also give a complaint to the police stating that the girl is threatening to file false criminal complaints since he is not accepting this forced marriage besides giving suicidal threats
If he is not finding any proper lawyer to assist him in the local he can engage the services of a lawyer outside his town also and proceed as suggested
There is no such law that prohibits the boy from filing a criminal complaint against the girl for her atrocious acts against the boy.
Besides there is no rule that the boys are restricted to file the annulment case against the forced marriage.
You can find a lawyer from other town to take up your case instead of depending on local lawyers only.
1. If he was forcefully married to the said girl then he should have lodged a police complaint immediately thereafter which he has not done.
2. Now more than 1 year has passed and they are staying as married couple for which he can not deny his marriage.
3. The only way left before him is to file a divorce petition on the ground of cruelty.
4. Ant retaliatory measure taken by the girl after his filing the divorce suit like DV, 498A , Maintenance cases is to be dealt with by him fittingly.
1. Marriage can not be registered with out the consent of the husband since his signature shall have to be taken by the Marriage Registrar on the application and also on the Register.
2. The only way left before him is to file divorce suit on the ground of cruelty as suggested in my earlier post.