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Annulment or divorce without the party getting into court, sign arrang
30-Mar-2025 (In Divorce Law)
My friend got married in the year 2021 October month in a Hindu temple with both family presence (arranged marriage). The girl he married is elder to him than one year (they were 41 and 42).
My friend is a schizophrenic patient (mental depression) which has been informed to the girls family ahead of their marriage but the family did not let the girl know about this, hence the girl went to her home on the same day of marriage, we need to know if this can be annulled by lawyer without court?
S.Gunasekar Advocate Answer.
No, a marriage cannot be annulled by a lawyer alone without involving the court. In India, annulment of marriage requires legal proceedings and a court decree.
In your friend’s case, annulment might be possible under Section 12 of the Hindu Marriage Act, 1955, if:
1. There was fraud or misrepresentation regarding a material fact (such as non-disclosure of schizophrenia).
2. The marriage was not consummated due to the wife leaving immediately.
Since the girl was not informed about your friend’s mental health condition before marriage, she can file for annulment on the grounds of fraud. However, a court’s intervention is necessary for this. A lawyer can assist in filing the case, but it cannot be settled privately without court proceedings.
If both parties agree, they can opt for a mutual consent divorce under Section 13B of the Hindu Marriage Act, which is faster than annulment.
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Adv. S Gunasekar
Chennai | 100+ Answers
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Annulment of the marriage without court intervention is not possible under Hindu law. Since the wife was unaware of your friend’s schizophrenia before marriage, she has legal grounds to seek annulment under Section 12(1)(b) of the Hindu Marriage Act, 1955, which allows annulment if consent was obtained through fraud or misrepresentation. However, this requires a legal process through the family court. If annulment is not pursued, a mutual consent divorce under Section 13B can be a quicker alternative. Your friend should discuss legal options with his wife … if u need further legal help contact us ….
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Adv. Edwin Yovanraj
Chennai | 25+ Answers
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