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How to annul marriage


30-May-2023 (In Criminal Law)
Hi MY brother got married on 8th may. The girl took all the jewels from the house and complained to mahila thana regarding dowry harassment and domestic violence. she filed FIR in another police station under section 498A, 323, 3 and 4. Her relatives also confirmed that she is already married with one kid of 2.5 yrs old in Delhi but they don't want to help us further in evidence support because social image of her family will go down. after this how we should proceed further: 1. We want marriage annulment based on fraud done by her from court. A. Is it possible? B. Which court we should file case ? C. Within how many months petition needs to be filed for marriage annulment ? D. We have few audio recordings what she has spoken with my brother and WhatsApp msgs . No other evidence. E. Under what sections we should file case on her? Please advice.
Answers (5)

Answer #1
821 votes
One of the Conditions for a Hindu Marriage is that A marriage may be solemnized between any two Hindus, if neither party has a spouse living at the time of the marriage;

If the aforesaid can be proved then the marriage can be annulled under Section 11 of The Hindu Marriage Act, 1955.

You may choose to file a pvt. criminal complaint of fraud played upon your brother.

You may contact me for further consultation.
Answer #2
782 votes
Well you have very strong case if the estranged wife of your brother was married prior to May 8th. Your brother has all the rights to get the marriage annulled and quash the cases filled by his estranged wife. You can also file a case of cheating and fraud against her after from the bigamy charges levied on her. If estranged wife's relatives are not coming forward then we can get the directions from Court for investigation and police will discover the thruth. Rest we can discuss in detail.
Answer #3
504 votes
Dear client please come to my office and provide me full disclosure of facts so that proper and appropriate guidence would be provided to you... Come to my office with all related documents of your case.
Answer #4
640 votes
U have not mentioned the year of marriage You can case for the frod .You can file this in any court . If you need divorce . Any of the lawyer cannot give u advice before checking your paper . Sections shall be advice after checking the paper .
Answer #5
983 votes
Sir/Madam, this is a case of fraud and cheating not only be the girl but by her relatives also. If the previous marriage is not dissolved, this marriage will be null and void. In exceptional cases, the case related to marriage annulment can be filed within 01 year of marriage also. For other things, you may initiate criminal cases any time.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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