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Author Topic: Rules on Void Marriage , Marriage Annulment  (Read 311 times)

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Offline cutelady

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Rules on Void Marriage , Marriage Annulment
« on: June 10, 2017, 11:26:10 PM »
Name : Vedant
Age 53,  Presently resident and working in Dubai.
Wife age 46.

Married by Hindu rituals since 2001 to First Cousin. Registered in 2011 under Registrations of Marriage Act 1998

Circumstances of marriage

First cousin only daughter of paternal uncle. Lost father at age of 11. Brought up by mother. Mother having partial visual impairment also partial hearing impairment.

Cousin  previously married, one son out of this marriage(now 25 yrs old). First husband alcoholic and unable to keep any job for long. Harassment by husband and in-laws. Complaints registered with local authorities. But harassment continued.
She shifted to another city (Job transfer) with mother and son to avoid contact with husband and in laws.

Due to natural love and affection was morally, emotionally and financially supportive. Was single-never married. In order to fully extend support started living together. First husband whereabouts unknown. Later unconfirmed reports that he had passed away. Decided to marry. Family reluctant, however finally consented. Several relatives consented as a practical solution. 2001 married in presence of several relatives. No issues from this marriage.

Circumstances leading to divorce

Shifted to Dubai for job 2007. Wife and son visiting once or twice a year. Wife joined me in Dubai 2012

Compatibility issues and Trust issues about me constantly under scanner, doubts and tiffs, fights. Trust issues mounting beyond a point since past 3-4 years. Constant emotional roller coasters affecting state of mind and hence work suffering. Held steadfast with patience due to natural love, sense of commitment and responsibility. Son completed education about year and half ago including overseas (USA) course. Still financially supporting since he was working as freelancer. However  he is joining job from June . Wife owns consultancy business.

Do not wish to continue with the marriage. Have distanced self from her since more than 2 years though living together. Recently (3 months ago) shifted to another apartment. Presently paying rent and expenses for the primary house as well Including cash for living expenses.

Assets
Own house in Pune in my name. (bank mortgage will end in 2020)
Joint account no savings
No other savings in any form.

Advice required
Wife not willing to divorce mutually, thus need your advice with regards to  Annulment since it is a void marriage -section 5 (i) (iv)
Process, time required, costs, Consequences and repercussions (legal complications) if take this route
OR
Any other

Offline advbose

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Re: Rules on Void Marriage , Marriage Annulment
« Reply #1 on: September 03, 2017, 08:23:16 PM »
you can file for Annulment, AND hope that the court grants you divorce on this technical ground.

It will be completely the discretion of the court to accept or reject this application.

 

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