annulment of marriage

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Divorce cannot be filed within 1 year of marriage because there is a statutory requirement as per law. But there is an option of annulment under section 12 of the Hindu Marriage Act 1955.

There are only certain grounds like marriage by force, impotency, already married before and many other grounds which can be figured out after discussing the matter with you in detail.

Section 12 of the Hindu Marriage Act 1955 is mentioned below for your understanding:

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:
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12(a) that the marriage has not been consummated owing to the impotence 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 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force 14 [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 15 [the said ground].

Since cruelty is not a direct ground for annulment then you may not be able to file for annulment of marriage. Once you file for divorce/annulment, if the girl files a 498A and DV act against you then as a precaution you can take an anticipatory bail for yourself and your family to avoid arrest due to the complaint made.

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