Whether forceful marriage is void or not?

759 votes

Yes, it is a valid marriage in the eyes of law and u can not remarry to another girl before giving divorce to your first wife. And for divorce u need to gv very solid and legal reason otherwise court will not entertain ur divorce oetitin. U were major at the time of marriage and therefore you can not take a plea that u were got married by force

Advocate Manoj Kumar LawRato

621 votes

Section 5 of the Hindu Marriage Act provides the void marriages and the conditions when these marriages can be declared void by th court. The marriage in your case is voidable if proved by you.so you file an application in family court for declaring your marriage nullity.

Advocate Rajesh Rai LawRato

597 votes

Hi,
As it is being told that you were forcefully married to your wife due to the threatening from your parents, therefore, your marriage can be annulled by the court of law as the said marriage took place without your consent under the force and coercion.

For seeking divorce, there are 2 ways:
1. if your wife is also ready and willing to seperate and has no objection to divorce you, then the divorce can happen by mutual consent.
2. if your wife does not consent to the divorce, then in that event, you can file a petition under Section 12 of the Hindu Marriage Act, 1955 thereby seeking the annulment of the marriage on the ground of fraud or force.

thank you

Advocate Gaurav Malik LawRato

919 votes

This is not a valid marriage if he had not made any physical relation with her but before marring to any one else ha has to file a case under Section 12 of hindu marriage act for declairing the marriage void.
Thanks and regards

Advocate Anand Verdhan Maitreya LawRato