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Procedure to get 3 months old marriage annulled
10-Jan-2023 (In Family Law)
Hi - I was married 3 months back to a person I know for 3 years. I wanted to know if we can dissolve our marriage, ideally annulment. Facts below: 1) We have not registered our marriage but did have the Hindu ceremony that 100+ people attended 2) We have not consummated our marriage 3) we have been living under the same roof but different rooms since the marriage 4) we are mutually ready to dissolve the marriage 5) he did have an affair prior to marriage but not since marriage 6) We agreed to the marriage due to family pressures Is there a way we can get our marriage annulled under fraud or force? if not, can we file for a mutual divorce even though we have been separated only for 3 months? if not, what's the earliest we can file and have the process completed? Thanks.
Hello .1) mutual divorce will be file only affter 1 year of marriage. and this is a sufficient reason for marriage. bt we want to see your documents. regarding this marriage. .and other cause of reason. Of your sapartion
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Adv. Neelam Rai
Faridabad | 100+ Answers
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If u both ready to dissolve marital status, then u can get divorce on mutual consent under section 13(B) of Hindu Marriage Act, 1955.
So u make sure that u both agreed on same point. If that is fine for both then no problem.
Decision will b yours
So u make sure that u both agreed on same point. If that is fine for both then no problem.
Decision will b yours
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Adv. Rahul Sidher
Chandigarh | 100+ Answers
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Gud evening mam, in our Indian law in Hindu marriage act for divorce by mutual consent 13(b) 1 year separation is must but you can try for 13 (a) HMA with a specific reason like cruility of any type etc you can get exparte divorce order..
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Adv. Rituraj Panchal
Narwana | 25+ Answers
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To file for mutual divorce you have to wait for minimum one year. You cannot get the marriage annulled on the pretext of fraud or force as long as you are a major and of sound mind. There is one method where you mutually dissolve the marriage before the waiting period of the next nine months, which can be sought on discussion with me directly. Cannot be disclosed on this forum.
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Adv. Japnam Kaur Bindra
Gurgaon | 25+ Answers
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Answer : Hi - you ask me about annulment of marriage which is fall in Hindu Marriage Act 1955 section-12 voidable marriage 1(c) that the consent of of petitioner, or where the consent of the guardian in marriage of the petitioner [ was required under section 5, as it stood immediately before the commencement of the child marriage restraint Act 1978], 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 circumstance concerning the respondent] you have ground of fraud ( affair was not disclose before the marriage ) for filling the annulment petition . and the other hand mutual divorce u/s 13-B you cant be filled because of one year separation is mandatory.
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Adv. Rajesh Gorssi
Kaithal | 25+ Answers
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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.
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