Annulment under special marriage act


Two of my friends got married under special marriage act a month ago. This was a love marriage hidden from the parents. Under pressure from the parents they now regret the decision taken under emotional stress. After approaching a lawyer, they were advised to go for an annulment stating that this was an arranged marriage and the girl had a relationship but could not disclose the same at the time of marriage.

After the marriage she has decided to continue the relationship and refused to consummate the marriage and left from day 1 itself. The boy can file a petition under wilful refusal to consummate the marriage. To avoid suspicion of collusion and make proceedings quick.. the lawyer advises the girl to accept the notice from belieef at the first instance but does not appear in court then the marriage can b anuled ex parte within 4 months. could you please advise if this is correct approach ? (the girl may not be able to appear in court anyway as she needs to get married in 5 months time.

Answers (1)


182 votes
Yes, the strategy suggested is feasible. Let them get the marriage annulled first after applying for it within 1 year of marriage on the ground of willful refusal to consummate by the wife. You can not be very sure that it will be over within 5 months. However, if she remarries, she should not hide this incidence otherwise it will be a ground for seeking divorce by his next husband.


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