Sister did court marriage by mistake wants to cancel it within a week

960 votes

Yes definitely we have to file a petition for cancellation the marriage containing that the marriage is Null and void
On the basis of nullity and the ground of null and void we can cancel the marriage

Advocate Anis Momin LawRato

752 votes

The fact remains that the marriage was done in court, with due completion of all legal formalities and hence the marriage is not void in the eyes of law. If you think that the marriage has happened due to consent by force or fraud, her present husband was already married to someone else at the time of your sister's marriage, was under the influence of drugs or alcohol at the time of the marriage, spouse was mentally incompetent at the time of the marriage, marriage is prohibited by law due to the relationship between the parties, Prisoners sentenced to a term of life imprisonment may not marry, Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease) the on that basis the marriage can be annulled. The annulment should be done immediately in the court of law.


Instead your sister should not have married this man at all if she was unsure about it, but since your sister's marriage has been solemnised, she has no choice other than to wait for at least six month period to file divorce case against him.
Before that she should gather some strong evidence against him to depict the reason for divorce which shall be the base and ground for her proposed divorce case. The waiting period of an additional one year is inevitable even if they both plan to go for mutual consent divorce. Some people may suggest that she files a permission petition under section 14 of the HMA for filing a petition within one year, but by the time the summon on that petition served on the respondent, he makes appearance, your sister's lets in her evidence and he his, both side present their arguments that one year period will cross over hence instead of straining much on the useless issues, wait for completion of six months after her marriage and then proceed with the divorce case on the grounds of mental cruelty or any other strong reason for the divorce.

Advocate Gowaal Padavi LawRato

869 votes

Hi

In this case you need to file nullity petition before the family court

In the said petition you have to mention the circumstances of the marriage in which it was performed
Thereby the court will allow to nullify

Advocate Rohit Shaligram LawRato

670 votes

Hi the marriage is null or void for any of the grounds i.e. fraud, bigamy, blood relationship and mental incompetence.

But if it is not null of void then will have to prove that it is a voidable marriage and can file case for annulement of marriage if proper grounds are there which needs to be discussed in detail.

Advocate Susmita Jagtap LawRato