Advocate Varun Chaudhary

Questions Answered by Advocate Varun Chaudhary

Q: Clarification on annulment of marriage

I married a guy in ghaziabad 8 months back, but we never lived together and now for some issue we want to get it cancelled? Can we get cancelled on non consumed grounds ? And is it a legal process? We dnt want to get divorced for this.

Advocate Varun Chaudhary answered
Annulments are rarely granted and when they are, very specific circumstances must exist. Annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Section 12 of Hindu Marriage Act, 1955 deals withVoidable 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.So in your case you have to prove marriage is not consummated due to some obvious reason.

Q: If we are caught without registering arya samaj marriage is it invalid

arya samaj marriage krne ke bad agr marriage registration krwane se pehle pakde gye to hme alg kr diya jayega. .kya .kya fir ke bad bhi marriage registration krwa skte h. ..turnt arya samaj marriage krne ke bad marriage registration krwa skte h

Advocate Varun Chaudhary answered
Yes. According to Hindu Marriage laws marriage is must for initiate registration a duly married coule can I apply for registration. If you have gone through this process means if you have got married you can apply for registration because Arya marriage has its own legal validity, FIR does not bar.

Q: Wants to marry my girlfriend without her parents consent what can i do

I love a girl who also love me lot, we both are Hindus. I am 22 years old and her age is 20 years old, how can I marry so her family can't raise a legal consent against us. how can I stop her parents for forcing her to marry anybody else. ?

Advocate Varun Chaudhary answered
You can marry your girlfriend by performing marriage in Arya Samaj Mandir, the Arya Mandir will give you a certificate of marriage there after on the basis of this certificate your marriage will be registered with the marriage registrar. Contact a lawyer in your locality who deals with marriage registration or Court marriages.

Q: wife claimed maintenance from Husband's work department

I am a railway employee. On bases of simple notice by advocate my wife claim maintenance from my department. While crpc 125 under processing and maintenance amount is not decided

Advocate Varun Chaudhary answered
You need not worry if the matter is pending before the court as you said. Let the court decide the amount of maintenance first. your department has nothing to do with the legal notice sent by the Advocate of your wife. Maintenance can only be claimed under section 125 CRPC which is the still pending.

Q: Parents forcing to marry and kept on house arrest, what to do?

Sir...I m a student..Nd I m not working still..But my parents have stopped my study nd forcing me to marry nd torture me mentally..nd when I said .No I want to study .Then they said I will not pay ur fees. Etc...But when I said I will do with my own income..Then they stopped me to go outside the home....What can I do ?

Advocate Varun Chaudhary answered
The remedy you have is you can lodge a complaint against your parents or write a complaint to the SSP concerned of your city regarding the wrongful confinement. You can also approach the court and file a complaint case under section 200 of CRPC against your parents. You can also move a writ petition in concerned High Court if your life or Liberty is curtailed. Because this is a fundamental right of a person given by the constitution of India.