If person married forcibly. What can be done to avoid such marriage?

My boyfriend has been forcibly and fraudulently married to a girl in January this year by threatening him and by doing a forged signature of the pandit. I had an affair with this guy for about 3 years. Then he went to Dehradun and he got involved with another girl and cheated on me.


The girl came back to Delhi and when my boyfriend took her to Dehradun, the girl’s parents forcibly got him married and registered the marriage in the court as well in January 2014.


Now he wants to come back. What can he do?



The option available to him is to file for annulment of marriage under Section 12(1)(c) of the Hindu Marriage Act and get a decree of nullity of marriage in his favor.

Section 12 of the Hindu Marriage Act provides for Voidable marriages. It states that:


(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:-


(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or


(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or


(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or


(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.


(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-


(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-


(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or


(ii) the petitioner has, with his or her full coqnsent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;


(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-


(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;


(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and


(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.


So this Petition needs to be filed as soon as the force ceases to exist and he shall have to adduce evidence that his consent was obtained by way of force or fraud.


Kindly contact us for any further details and action. 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Legal Notice / Reply to Legal Notice for Divorce

4.6 | 45 ratings
30 Min Intro call + Start to finish help
60 Min Marriage / Relationship Counselling Session by Phone

No Ratings
60 Min telephonic counselling session with an expert relationship counsellor
15 Minutes Divorce Advice Session by Phone

4.8 | 371 ratings
Ask questions and get advice from a local experienced advocate on divorce and separation
Court Marriage

4.8 | 94 ratings
Work with a local experienced family advocate to guide you through your court marriage.
File for Mutual Divorce

4.8 | 241 ratings
Get hassle-free mutual divorce for both Indian and NRI couples through experienced lawyer in your city
Marriage Registration

4.8 | 170 ratings
Get your marriage registered through an experienced local advocate in the city of your residence
Similar questions

Husband is involved in bigamy. Is it criminal case or civil case? Where shall I report? For proving the case, what are the things required?…

Read More

My x husband has filed a complaint in station mussing cimplaint on me since im not missing bt out of country for sum reason.bt in muslim law once he s…

Read More

My husband married another girl 15 days back. If I file a bigamy case within how many days of my husband 2nd marriage I have to file the cas…

Read More

I love a married person. His wife is my friend .he loves me too..she was unaware about our affair..but now she knows it..now he wants to get divorce f…

Read More

Talk to a lawyer for your legal issue