Me and my husband bothe are indian citizens.And our marriage is registered in Delhi - India. When my husband married me.He was studying in UK. I filed my student dependent visa for UK but got rejection.But later he advise me to go to some other country as an International student so that after finishing his course of study.He will come and join me. I came to New Zealand as an International student. But now my husband says that he dont want to come and join me.And our marriage is anulled.And he wont be liable to give me any claims.As we dont have children. And he can remarry in UK or india without getting legally divorced from me.
My first question is -
Is it true that our marriage will be considered as anulled in Indian court of law?
Secondly is can my husband remarry without taking legal divorce from me?
Thirdly will he liable for any claims if he remarry in UK or India?
2007-12-13 16:26:58 · 8 answers · asked by Raj K 1 in Family & Relationships ➔ Marriage & Divorce
A very good question. Firstly as your name suggests you are an Indian Hindu & married according to Hindu form of marriage & got this marriage registered under the Hindu Marriage Act, 1955, even if it was not Hindu form of marriage but as you say it was registered marriage then it must be under the Special Marriage Act, 1954 commonly called the court marriage. In any case the question is with regard to this preposition if both of you have been living away from each other does such a marriage get annulled or will be considered annulled, answer is NO. However, the desertion of two years or above by any spouse is only a ground available to the other spouse to seek divorce or judicial separation, provided such desertion was not due to special circumstances like your where the UK government refused your student dependent visa for some reason which were not in your control & this can not in any imagination be taken as desertion by you. The question of any marriage being considered annulled on this ground is not correct; any U.K. lawyer who suggested this to your husband only made fool of him & just extracted his professional fee from him. Secondly if your husband makes a mistake of remarrying again without legally dissolving his first marriage with you then it will amount to bigamy on his part for which you can file criminal complaint against him under section 494 of the Indian Penal Code, 1860 in the Indian court apart from this his remarriage amounts to giving mental cruelty to you for which you can even get him prosecuted under section 498A IPC. Thirdly he is liable to maintenance claim for you even now whether he remarries or not. You can always claim maintenance from him even if you are working & the salary/income out of such job is not substantially sufficient for you.
2007-12-13 17:06:45 · answer #1 · answered by vijay m Indian Lawyer 7 · 6⤊ 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
2007-12-13 17:00:34 · answer #2 · answered by Military Mama due 03/09 4 · 0⤊ 0⤋
Annulment In India
2016-12-14 12:59:05 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your life is yours..you do have the right to find out whether you'd like to lead your life in a perfect solitude...or with a gentleman like me whos made of real flesh n bones in front of you. A man is made up of courage n honesty...while the actions of a man are to secure your life, stay around your dreams & fulfill your desires! In my straighter opinion, it is better to buy a man from some distant land (if he stays put within your life), rather than turning your life into a white n blank sheet of paper!
Am I wrong ? I'd just been empathizing your case...since I've had a similar fate as a man.. :)
Regards, Arindam Sen
sir_hon_indian@yahoo.co.in
2007-12-17 21:56:59 · answer #4 · answered by sir_hon_indian 1 · 0⤊ 0⤋
Until and unless he divorces you, he can not remarry again as per Indian laws. I think annulment proceedings start only when one of you approaches the court for that. Not staying together for a long period can be considered as a reason for divorce, but it depends on how your advocate opposes it as the ground for separation was studies abroad. It is always better to consult a good lawyer who is good at divorce laws.
2007-12-15 02:18:58 · answer #5 · answered by JP 5 · 0⤊ 0⤋
U shouldn't ask here. Go n check with the Indian resigtry of marriage (where you both hv register as husband and wife). Rules and regulations varies from country to country. Don't be misled and take wrong actions.
2007-12-13 17:02:30 · answer #6 · answered by JJ 4 · 0⤊ 0⤋
Hi,
First of all your marraige is not anulled if it s a registered marraige, your hubby cannot marry without taking a legal divorce from you
yes he is liable for claims if he gets remarried in Uk
Cheers
2007-12-14 01:54:35 · answer #7 · answered by Prince 6 · 0⤊ 0⤋
Seek advice from an advocate,check out this site http://www.advocatekhoj.com/
2007-12-16 16:05:50 · answer #8 · answered by Varun N 3 · 0⤊ 0⤋
no
2007-12-13 16:38:40 · answer #9 · answered by badazzblondechick 2 · 0⤊ 1⤋