Suggestion for getting out of an forced marriage without waiting for p
31-Oct-2023 (In Divorce Law)
Hi sir/madam, My friend was forced into a marriage without her consent. It was happened 2 weeks back. She is desperately trying to get out of that marriage. Is there any law/ legal method that can cancel her marriage?
You can file a petition for annulment of marriage on the ground that consent was obtained by force or fraud which means you will freed of marriage as if it was never performed.
It is significant to note that no such petition for annulling a marriage on the ground specified in clause (c) of sub-section (1) of section 12 i.e., on the ground of consent by force or fraud, shall be entertained if the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered. Therefore, where your consent in the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered.
Therefore it important that you take immediate action without waiting.
If you have any queries please consult a lawyer
This information is subject to limited information provided by you and shall not be regarded as an legal advise, and so please approach a lawyer for appropriate legal support.
It is significant to note that no such petition for annulling a marriage on the ground specified in clause (c) of sub-section (1) of section 12 i.e., on the ground of consent by force or fraud, shall be entertained if the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered. Therefore, where your consent in the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered.
Therefore it important that you take immediate action without waiting.
If you have any queries please consult a lawyer
This information is subject to limited information provided by you and shall not be regarded as an legal advise, and so please approach a lawyer for appropriate legal support.
yes she can file a case for annulment through family court and get the marriage annulled and she will get out of marriage and this process will take 3 to 6 months time and need docs like wedding card, photo, aadhaar card etc
She can definitely come out of that marriage. But the facts which you have shared is not enough for a opinion. Kindly elaborate the word forced. Who forced her.? How did they forced her? Mental pressure? Blackmail? How?
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