Advocate Rajesh Gorssi

Questions Answered by Advocate Rajesh Gorssi

Q: Can parents create hindrance in marriage of two consulting adults?

Hi, me and my girlfriend are planning to get married either in court or in Arya samaj Mandir. My parents don't approve of our marriage and this is the only option left with us as of now. I wanted to know is there even any possibility of our parents in any way proving any hindrance to our marriage? Is there any way they can legally prohibit our marriage. I am 30 and my girlfriend is 28.

Advocate Rajesh Gorssi answered
Answer :- you and your girlfriend both are adult . You can marriage in arya samaj mandir or any other temple where you want after that you have to registered your marriage before the marriage registrar. Court only can provide police protection both of you from any kind of threat . Parents of both the parties can not stop to be married both of you

Q: Procedure to get 3 months old marriage annulled

Hi - I was married 3 months back to a person I know for 3 years. I wanted to know if we can dissolve our marriage, ideally annulment. Facts below: 1) We have not registered our marriage but did have the Hindu ceremony that 100+ people attended 2) We have not consummated our marriage 3) we have been living under the same roof but different rooms since the marriage 4) we are mutually ready to dissolve the marriage 5) he did have an affair prior to marriage but not since marriage 6) We agreed to the marriage due to family pressures Is there a way we can get our marriage annulled under fraud or force? if not, can we file for a mutual divorce even though we have been separated only for 3 months? if not, what's the earliest we can file and have the process completed? Thanks.

Advocate Rajesh Gorssi answered
Answer : Hi - you ask me about annulment of marriage which is fall in Hindu Marriage Act 1955 section-12 voidable marriage 1(c) that the consent of of petitioner, or where the consent of the guardian in marriage of the petitioner [ was required under section 5, as it stood immediately before the commencement of the child marriage restraint Act 1978], the consent of such guardian was obtained by force [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent] you have ground of fraud ( affair was not disclose before the marriage ) for filling the annulment petition . and the other hand mutual divorce u/s 13-B you cant be filled because of one year separation is mandatory.