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Can I get contested marriage annulment if wife does not want it ?


25-Apr-2023 (In Divorce Law)
Me and my girlfriend did court marriage in November 2015 as her parents were not agreeing for me on the grounds of different caste. She promised me that after marrying me she would try to make her parents understand for 1 week and if they do not agree then she would come to me and live with me as we will be legally married. She tried her best but her parents did not agree and now after numerous attempts by my side, she is denying to live with me as her parents are not well and is scared that something will happen to them if she run away. My parents have visited her parents house too to convince them. After 1 year of trying, i stopped talking to her and blocked her from all social websites and apps. She is not ready to give me divorce and still wants more time. My age is now 30 and i want that we should get separated so that i can get settled quickly. Please advice if i can apply for marriage annulment or not as she is not ready to give me divorce on mutual consent basis.
Answers (3)

Answer #1
909 votes
Hello,
For the query you posted, I would suggest the following:

As per the facts of your case, I don't see a matter of annulment, since the marriage has been solemnized under the special marriage act and certain legal necessities are complied with which in the end has as well been registered, though we can always find a loophole in such a situation.

For divorce there are several grounds available with you which could be explored once you proceed.

I hope that answers your query.

Best
M.Faris
Answer #2
749 votes
Sir,

It's time you should think of taking strong steps. If she is really willing to come with you, she must come. For bringing her back, you may seek remedy as restitution of conjugal life. Non cohabitation itself is ground of divorce and you may go for it, if you are determined for divorce.

Thanks
Answer #3
901 votes
From the facts stated by you it appears that you can file a case for divorce on the grounds of desertion. Further grounds and opinion can be given after information of full facts of the case. This is required to understand which law would be applicable on you and what other grounds can be taken for divorce.

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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