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Author Topic: Divorce or Annulment??  (Read 436 times)

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Offline njalwadi

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Divorce or Annulment??
« on: July 29, 2018, 11:37:15 AM »
Dear Experts,

A friend of mine got engaged and married recently. Between the engagement and marriage, there hadn't been any transparent conversation between boy and girl.

 Immediately after marriage she started experiencing conflicts with husband and his family. Husband was ignoring her and spent most time with family. Family in husband's absence also wasn't nice to her. Many apparently silly things but causing displeasure and disappointment. For instance, she was made to eat last and late in the family thought it was known that she had tough time controlling hunger. Week after the marriage they visited a temple in another city. There again she was completely ignored and left alone. Here in a case she was apparently lost in the premises looking for the family. So, on way to return she asked them to drop her at mother's home, they didn't say, it wouldn't be right to do. Then they returned to their home with her.

 On return she wasn't well and needed medicine. Husband refused to get or in accompanying her to get it. She went outside alone and was lost her way. After fruitless search for a while she caught auto to return to her mother. Her father-in-law after some time called father and indifferently told "your daughter went outside and lost, and we have brought it to your attention" shedding off any responsibility. After parent’s suasion she returned to her husband's home next evening. Apparently, her husband didn't entertain her. It's not clear what happened that night, she returned to home next morning again just before husband left for office. This time her parents didn't entertain her and pushed her to go to husband's place. When she returned to husband's home that noon, apparently an attempt to outrage her modesty was done by her in-laws (boy's parents and younger brother). Somehow, she managed to escape this ordeal, ran out of home shouting (calling to go out to police but she didn't) and caught the first auto-rickshaw to her mother's relatives and the called mother to pick.

 All of this happened just in a matter of 10 days after the wedding day. No one from husband's family called or approached the girl's family for reconciliation. Desperate parents went to file a complaint with police for the husband/in-law’s indifference. In continued discussion, boy and family expressed that they didn’t want to continue with the girl suspecting her character and intent to divide the family (a reference for her elder sister was also made). Sub-inspector insisted the families to meet again in weeks’ time and conclude the matter. In this interim adding to the pain, it was found that boy’s age was 5+ years more than the earlier informed.

 Boy's family is reluctant to discussions and is refusing to any amicable talk. They want separation only without ant drag. Girl's father broke into tears about how much loan he's made. What should be the next thing to do? How should this be taken forward? Divorce or Annulment? What are the consequences? Does it deserve any compensation for mental pain/harassment gone thourgh and all the losses suffered by parents and family? (It’s not even 30 days since marriage)

Appreciate your valuable insight/opinions on this. Thank you very much.

Warm Regards

Offline advjaibansal

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Re: Divorce or Annulment??
« Reply #1 on: August 07, 2018, 07:09:29 AM »
There is no ground for annulment or nullity of marriage here. She may go for divorce on the grounds of mutual consent with the husband. Or else file on the contested grounds.

jai bansal
Advocate, New Delhi
Supreme Court of India
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