2 Answers
Hi,
Aapke query ke hisab se. main is sawal ko do hisse mein jawab deta hu.
Pehli query ki kya aaplog ek saath reh sakte hai legally?
Aaplog beshak reh sakte hai.
Doosri query - Legal process kya hona chahiye?
Aapki is mahila mitra ko apne husband ke khilaf ek annulment ka application file karna chahiye aur is shahdi ko annul karana chaiye. Ek baar iska order aajaye aur shadi annul hojaye uske turant baad aaplog apni marriage ko register karwa lijiye.
Is case mein ye sabse saral upaye hai. Baadhaye aasakti hai. Uske lie aap humhe consult kare.
Dear client as per your query,
Since her marriage was registered forcefully, she can file a petition for “Annulment” of marriage under Section 24 of the Special Marriage Act, 1954 in the District court. Annulment means in the eyes of law, the marriage never existed in the first place, and your partner can marry you then. The marriage was registered without her consent, so the court will definitely annul her marriage. Legally, she cannot stay with you until the marriage is annulled or the court gives a decree of divorce.
She can also file an FIR against her husband and in-laws under Section 85 of Bharatiya Nyaya Sanhita for mental and physical cruelty. An Application under the Domestic Violence Act, 2005 can also be filed seeking for protection against harassment and domestic violence.
Lastly, she can file a petition for divorce on the grounds of cruelty under Section 27 of the Special Marriage Act and file an FIR against her husband and in laws so that she may get police protection immediately.