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Whether forceful marriage is void or not?


09-Mar-2023 (In Divorce Law)

A boy age 23 years has been married forcefully by relatives and parents by emotionally blackmailing him. His parents threatened him of commiting suicide. So he had to marry. Is it a valid marriage. If not, can he marry a girl in court. If yes what is the process of getting divorce.

Answers (4)

Answer #1
505 votes
Yes, it is a valid marriage in the eyes of law and u can not remarry to another girl before giving divorce to your first wife. And for divorce u need to gv very solid and legal reason otherwise court will not entertain ur divorce oetitin. U were major at the time of marriage and therefore you can not take a plea that u were got married by force
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Advocate Manoj Kumar

Adv. Manoj Kumar

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Answer #2
936 votes
Section 5 of the Hindu Marriage Act provides the void marriages and the conditions when these marriages can be declared void by th court. The marriage in your case is voidable if proved by you.so you file an application in family court for declaring your marriage nullity.
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Advocate Rajesh Rai

Adv. Rajesh Rai

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Answer #3
743 votes
Hi, As it is being told that you were forcefully married to your wife due to the threatening from your parents, therefore, your marriage can be annulled by the court of law as the said marriage took place without your consent under the force and coercion. For seeking divorce, there are 2 ways: 1. if your wife is also ready and willing to seperate and has no objection to divorce you, then the divorce can happen by mutual consent. 2. if your wife does not consent to the divorce, then in that event, you can file a petition under Section 12 of the Hindu Marriage Act, 1955 thereby seeking the annulment of the marriage on the ground of fraud or force. thank you
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Advocate Gaurav Malik

Adv. Gaurav Malik

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Answer #4
586 votes
This is not a valid marriage if he had not made any physical relation with her but before marring to any one else ha has to file a case under Section 12 of hindu marriage act for declairing the marriage void. Thanks and regards
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Advocate Anand Verdhan Maitreya

Adv. Anand Verdhan Maitreya

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