quesIf person married forcibly. What can be done to avoid such marriage?

My boyfriend has been forcibly and fraudulently married to a girl in January this year by threatening him and by doing a forged signature of the pandit. I had an affair with this guy for about 3 years. Then he went to Dehradun and he got involved with another girl and cheated on me.


The girl came back to Delhi and when my boyfriend took her to Dehradun, the girl’s parents forcibly got him married and registered the marriage in the court as well in January 2014.


Now he wants to come back. What can he do?


  • ans

    The option available to him is to file for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act and get a decree of nullity of marriage in his favor.

    Section 12 of the Hindu Marriage Act provides for Voidable marriages. It states that:


    (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 respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; 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 is required under section 5, the consent of such guardian was obtained by force or fraud; 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 for 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 coqnsent, 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 grounds for a decree.


    So this Petition needs to be filed as soon as the force ceases to exist and he shall have to adduce evidence that his consent was obtained by way of force or fraud.


    Kindly contact us for any further details and action. 


  • File Mutual Consent Divorce @ Rs. 25,000/- only

    Know More
  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Divorce lawyers in India

Similar questions

Married in november 2014, we are staying separate for 10 months. I used to had…
I am a foreigner and a PIO card holder and i got divorced from my…
After separation of 6month given by pariwar paramarsh kendra I separated and just after 1…
Hello sir Mera naam Hemant Kumar Singh h or me jharkhand ki chaibasa me rhta…

Divorce Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Dr.Gubbi S Subba Rao

  K G Road
 Experience: 31 years

View all >>

How it Works

Know how LawRato makes legal advice easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly