Is a divorce possible in case of registered marraige when the two parties live separately from the date of reg

Question

My friend's sister in a whim did a registered marraige on oct 2002 with a person who is unemployed ,elder and cunningly convinced her to do the same.That person even didn't allow any notice to be served to the family of the girl prior to this registration.From that day onwards both the parties have been living seperately and they even didn't have any physical relation.After 4 years when the girl's parents unaware by this situation were trying to settel the marraige of their daughter all these issues suddenly came out and the boy showed them the court marraige orders.Every one knows that this guy is a crook and playing with the life and emotions of the girl.Under such circumstances can the family of the girl file a case for divorce when both the parties have been living seperately for nearly 4 years?What are the possiblites of divorce in such cases ??Finally can the girls family demand compensation from the boy inorder 2 teach him a lesson who ruined the life of the girl.

Pls. reply

Answer 1

YAAH! SHE CAN PRAY FOR DIVORCE IN COURT. SHE CAN ALSO ASK FOR COMPENSATION. BUT YOU ARE TELLING THAT HE IS UNEMPLOYED. HOW CAN HE COMPENSATE. REMARRIAGE IS POSSIBLE AFTER DIVORCE ONLY.

Answer 2

For a annulemt - if the marriage was solmenised in India - the following is given - Please look at the section which is listed below point 4 - In order to get compensation you will have to prove that there was indeed a fraud beyond reasonable doubt - proof is needed - But if the girl was willing to get married despite the fact that she was technically married she could also be questioned - no matter how innocent she may be . Have a look at the links below - the law recognises only facts not feelings

IV - NULLITY OF MARRIAGE

18) Petition for decree of nullity :

Any husband or wife may present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void.

19) Grounds of decree :

Such decree may be made on any of the following grounds :

(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit ;

(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity ;

(3) that either party was a lunatic or idiot at the time of the marriage ;

(4) that the former husband or wife or either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.

Nothing in this section shall effect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Answer 3

An annulment and a Divorce both r fine...
But I think 1 can have an annulment when both the parties desire it - but a divorce case can be filed and this would be a simple 1 iff the girl herself wants the divorce - iff she also wants to be married to her present husband - no1 can help...

Answer 4

I think an annulment would be better than divorce.

Legally, I don't know what you can do to the boy, you might talk to law enforcement or a lawyer.

Peace!

Answer 5

an annulment is what is needed
and the girl can get that
or tell the parent to see lawyer