Legal Question in Family Law in India

I am 32yr old Hindu man and recently obtained a Belgian citizenship.I got married on Oct 2011 in India in a temple with a Hindu girl but the marriage was not legally registered.

I had an NRI status during the time of marriage.Me and my family were cheated saying that the girl is having Masters in Computers whereas she is not even an Undergraduate.Now we are having lots of issues and its impossible to get along.I want to get a divorce but she and her family not ready for it.How should i proceed in this situation to get a divorce or should i just ignore and after 7 years the marriage becomes annulled ?


Asked on 5/16/12, 12:17 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

firstly, there is no provision under the law whereby a marriage could be annulled just on passing of 7 years after the marriage. The seven years period is in a different context. Divorce under Hindu Law could be granted only under the conditions mentioned under section 13 of Hindu Marriage Act. One need to know more details to see if cruelty could be one of the grounds used in your case. To lie on education is being cruel to the spouse, who expected other spouse to be educated.

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Answered on 5/16/12, 1:54 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may simply file a petition for divorce and include this fraud in your petition to make it stronger. there is no provision of marriage getting annulled after 7 years. u need to file a petition and make out a case for yourself. an aggressive legal representation would make things work in your favour.

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Answered on 5/16/12, 3:20 am
ranganathan raghavachari R.Ranganathan & Associates

You have to apply for divorce and get the order from the court only.

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Answered on 5/16/12, 5:20 pm


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