Legal Question in Family Law in India

divorce or nullify the marriage

iam 23yrs girl.I married on mar 9th 07 & we registered our marriage on 5th apr 07.we have been having lot of problems after the marriage.my husband is studying in US & will come back only after july 08.he left india on april 8th 07.he has hit me many times when he was here & now he calls me everyday not less than 25 times. he is very abusive & doent trust me. he had a relationship with a girl before our marriage. he also spoke to her after marrying me. i have their photos. but he has never harassed me for dowry. but he has mentally, physically & emotionally tortured me. he abuses very badly & calls me whore. should i record any such conversations. will it help me in getting divorce. at the time of our marraige no one was present & we did not perform any the shastric rites or saptapadi. we just exchanged garlands & he tied me a magalsutra. requisite ceremonies were not performed can this marriage be considered null and void. my husbands friends signed as witnesess, but actually they were not present. my questions are 1) is there any way we can nullify the marriage 2) how soon can i get a divorce 3) will my husband pay legal charges & maintainence 4) he is studying but he has business & property will i get any rights.pls help


Asked on 8/12/07, 1:43 pm

8 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: divorce or nullify the marriage

it seems u have valid marriage so you can claim your rights. recording may help you. and u can claim maintenance etc

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Answered on 8/13/07, 3:32 pm

Re: divorce or nullify the marriage

You have to wait till completion of one year of marriage for applying for divorce.There is no ground of Nullity available to you.You can ask for maintainence/litigation expenses if you donot have means for the same.You have no right in his properties and utmost you can claim maintainence.

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Answered on 8/12/07, 2:02 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce or nullify the marriage

Though for want of necessary ceremonies there was no valid marriage, yet you need to seek annulment of the marriage either :

(a) by filing for divorce under Hindu Marriage Act; OR

(b) by filing a suit for declaration that the marriage was never performed and that the registeration is bogus.

In terms of Sections 24 and 25 of Hindu Marriage Act, you are entitled to interim maintenance as also permanent maintenance.

Yes, recording of your conversation may be helpful if you choose to sue your husband for cruelty etc.

If you do not need any maintenance or any support from your husband, you can simply avoid this illegal relationship and plan your life your way.

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Answered on 8/14/07, 10:28 pm

Re: divorce or nullify the marriage

You have to wait till completion of one year of marriage for applying for divorce.There is no ground of Nullity available to you.You can ask for maintainence/litigation expenses if you donot have means for the same.You have no right in his properties and utmost you can claim maintainence.

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Answered on 8/12/07, 2:55 pm
rajeshwar sharma rajeshwarnathsharma

Re: divorce or nullify the marriage

You may file civil suit of declaration for nullify the marriage as no marriage of your was ever took place according to Hindu rites and custom which necessary under the Hindu Marriage Act. For further query you may contact me

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Answered on 8/12/07, 10:54 pm
Nandita Haldipur Haldipur Associates

Re: divorce or nullify the marriage

you can file for divorce only after one year you can claim maintaince from him

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Answered on 8/13/07, 12:01 am
Prabhat Shroff Shroff & Company

Re: divorce or nullify the marriage

Since, as you say, your marriage was duly registered, you do have a valid and legal marriage, even if no ceremony according to Hindu rites were performed.

Yes, you camn applt for nullity of marriage on grounds of misrepresentaion and fraud.

Alternatively, you can apply for divorce after expiry of one year from date of marriage.

In any case, you can apply for maintenance and also reimbursement of legal expenses. If you decide to wait for one year and apply for divorce, you can also apply for alimony including share of the property.

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Answered on 8/13/07, 1:03 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce or nullify the marriage

you can file a divorce petition after one year from the date of marriage and yes your marriage is very much legal and valid.

so wait and file a claim maintenance as well

for more information brief me some more facts

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Answered on 8/13/07, 3:11 am


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