When my husband married me he was a international student in UK .Later i filed my application as an student dependent.But got rejection so he suggested me to apply for some other country as an international student.And told me that after finishing his course of study he will join me. I am currently student in New Zealand. But now husband is saying he dont want to come and join me and that our marraige is annulled as we had been staying seperately for more then 2 years.So there is no need for him to get divorce legally from me. Our marriage was performed in India (delhi).Our court marriage was also done. And i have photo copy of my marriage certificate.We dont have children.And he is still in UK. My question is that is our marriage annulled? And can he remarry on that grounds?
2007-12-13 16:05:15 · 11 answers · asked by Raj K 1 in Family & Relationships ➔ Marriage & Divorce
if u have married in india...n if u got indian marriage certificate...then u r marriage is still on...u both are legally husband and wife...
he cant marry some one else...if he marries then its a crime according to indian rules..
2007-12-13 16:14:31 · answer #1 · answered by ... 3 · 0⤊ 1⤋
You have to check:
1) Was marriage honored and registered in UK? If you were married in India but not registered in the UK, you have to go inquire in India about annulment proceedings.
2) What's your citizenship and his citizenship? Unless the one who filed for annulment is a citizen of UK - the marriage holds true and can only be "annulled" physically in UK.
3) Unless UK courts grants on paper that the marriage is annulled - you are still married and cannot remarry on those grounds.
4) He has to send you the documents stating the marriage nulled and void. If you want to contest it, find a lawyer. But if its okay with you, then just agree with it.
5) Find a lawyer if things are more complicated.
2007-12-13 16:13:53 · answer #2 · answered by Equinox 6 · 0⤊ 0⤋
No-you are still married. Being separated on the grounds you described does not count as a valuable reason.
A separation is only valid, when both married partners agree to be separated.
I would consider the fact, that he does not want to stay married with you. In addition he also mentioned this fact by making a point that anyway both you are not married at all.
Does he met someone else during the time you stayed in 2 different countries?
My suggestion: involve his parents or other trustful family member and clear the situation. In the end it's your life and nothing is worst than not knowing where one does stand. No matter how hard the truth is, be strong and try to find it out and face it.
Good Luck.
2007-12-14 07:59:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Annulment Laws: Annulments are typically available under the following circumstances: You and your spouse are close biological relatives, and should not have qualified for marriage under the law. For example, you and your spouse are parent and child, parent and stepchild, aunt and nephew, uncle and niece, or grandparent and grandchild. The precise parameters of the relationship which will qualify a couple for annulment will vary between jurisdictions. One of the spouses did not have the mental capacity to enter into a marriage contract. By way of example, at the time of the ceremony a spouse may be incapacitated due to a mental disability, whether temporary or permanent in nature, or from intoxication. One of the spouses was below the legal age to consent to marriage. (In some jurisdictions, the availability of annulment may also depend upon whether the proper legal requirements, such as parental and/or judicial consent to the marriage, were followed.) You or your spouse entered into the marriage as a result of threat, force or duress. You or your spouse were fraudulently induced into entering the marriage. Fraud may include the concealment of an important fact, such as permanent impotence or sterility, a criminal history, or infection with a sexually transmitted disease. Your spouse was married to another living person at the time of the marriage. (In some jurisdictions, such a marriage would be considered bigamous and void under the law, and thus it would not be necessary to also seek an annulment.) Some jurisdictions also permit annulment where one spouse concealed the fact of a divorce, finalized only a short time before the wedding (e.g., less than one month before the marriage). You need to find a laywer and make sure a liable document is available for inspection in case of a fraud later in life. Best Wishes and Happy Holidays
2016-04-09 02:07:57 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Your marriage is still valid as mere separation for 2 years can not be the only ground for divorce unless one of the spouses has filed a petition for restitution of conjugal rights.You are living in different places for obvious reasons and marital disharmony in the form of domestic violence,cruelty,adultery etc is not the cause of your separation.As your marriage is performed in India and since it is not annulled by any court order,you can file for restitution of conjugal rights(section 12 of Hindu marriage act),which in other words means that your husband had shunned your company without any reasonable cause.It is not the place of residence of the wife or husband that determines whether a marriage is still valid but the state of mind of parties concerned or their behavior in contravention of marital laws that decides whether there are grounds for annulment or continuation of a marriage.
You better hire a lawyer to do the needful only if you think you want to live with guy by hook or crook.I don't think you will be happy together even if he is forced to live with you.But he can not remarry without getting a divorce from you as it is a criminal act and he can be arrested u/s 494 of IPC for bigamy.However, you have to prove in the court of law that he remarried,the evidence for which is hard to obtain for you as such criminal acts are done in secrecy.But he will be dragged to India wherever he may be once you file a complaint in your nearest police station.
The law of the land favours women and there are numerous grounds on which you can harass him if you feel he betrayed or hurt you bad but get an idea of where all this is leading to.You can't force another into submission,never a spouse nor can you cause a change of mind or heart.The first premises of marriage is the it is a sacret bond ,not bondage or business.
Anyway,take a broad view of the entire ugly scenario and act accordingly.The better way to settle disputes is outside of the court or with its formal help.
My sincere advice is to get rid of this guy once for all,settle things in the court if it involves divorce or money.Goodluck.
2007-12-13 18:06:15 · answer #5 · answered by havah 2 · 0⤊ 0⤋
No, that is just a separation. That does not make a legal marriage void. If you want the best answers I would contact someone in the legal profession wherever you are.
Even annulments have to be legalized. Unless of course you are muslim and live in one of the countries where husband just divorce their wives just by stating it.
2007-12-13 16:14:31 · answer #6 · answered by celtic_princess 4 · 0⤊ 0⤋
no
u have to file consent brief in appropriate family court and the Court has to ratify it
2007-12-13 21:24:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it all comes down to UK rules, because he has been a resident there he falls under their jurisdiction.
2007-12-13 16:09:06 · answer #8 · answered by the_last_knight_69 3 · 0⤊ 0⤋
Go see a lawyer.
2007-12-13 16:26:59 · answer #9 · answered by Principessa 5 · 0⤊ 0⤋
Ask a lawyer.
2007-12-13 16:14:08 · answer #10 · answered by Sweet Suzy 777! 7 · 0⤊ 0⤋