Forcefully married by parents. How can I get divorce from partner now?


I got married on 27 jan 2014 forcefully by my parents and now they have realized their mistake. I am not happy with this marriage and seriously want a Divorce.

 

Please suggest me how to get out of this.

 

Answer

 

The Petition for Divorce can be filed after 1 year of Marriage by both the parties either by Mutual Consent or under the various provisions mentioned in the Hindu Marriage Act, 1955 (provided your friend is married under the Hindu Law). In case the marriage is not an year old yet, the petition for Divorce will not be accepted by the Hon'ble Court unless rarest circumstances are proven by the party filing the petition.

 

An application under Section 14 of the Hindu Marriage Act is to be filed showing the extraordinary circumstances seeking waiver of one year time period from the marriage as per the law.

 

So in case you are seeking a Divorce, we suggest you should wait for a period of 1 year and use the time to talk and discuss the whole matter with your wife and her family. In case you are able to reach an amicable and joint decision to part ways with your wife, file a petition for Divorce by mutual consent which would take about 6 months post filing the first motion.

 

In case your wife and her family do not agree to Divorce by mutual consent, you may file a case by filing a petition on either of the various grounds under the Marriage Law.

 

Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:

 

Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.

 

We would need more details from you at that point of time (after an year) to suggest you the applicable grounds to file your petition in case you are unable to convince your wife and her family for a Mutual Divorce petition.

 

As you have mentioned that you were married 'forcefully' by your parents, another immediate option available to you is to file an annulment case before the Civil Court under section 12 (1) (c) of Hindu Marriage act (if both of you are Hindu and the marriage was solemnized as per Hindu Law)

 


Section 12, Hindu Marriage Act, 1955 - Voidable Marriages

 

(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:-

 

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required, 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 circumstances concerning the respondent.

 


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