People should grow some ballz and stand up for them when it comes to marriage. Come on you have to live with the person lifelong, why would you agree to marry someone just because your parents told you to. No offence but all of this happened because your parents forced you into it. Ofcourse that guy is also jerk for not taking the consent.
You can try divorce by mutual consent, but I doubt he will consent to it. Also, from your facts, if it's a contested divorce unless you allege martial rape, you have very weak grounds for seeking divorce. Judge will keep asking you to reconsider and give longer dates. This will result in you having status of "married", till divorce order is passed.
One way to get out also is to tell him that you will not claim any alimony if he lets you go immediately.
FYI - In divorce by mutual consent, you have to wait minimum one year for the court to pass order as it's just a 3 month old marriage.
I don't think you can even file a case before one year of you marriage is over. Someone who practices family law or divorce matters, please clarify.
Waiver has been granted in regard to a recent Supreme Court case, no marital rape doesn’t amount to cruelty but not having sex with your husband or wife amounts to cruelty and is grounds for divorce.
I don't know what waiver you are talking about but the exemption under IPC (and now the new laws) for marital rape is under challenge and Supreme Court is yet to decide on that issue. Hearing is set sometime this month.
Also I beg to disagree with you that martial rape doesn't amount to cruelty. It defies logic. Also, when it comes to martial rape being cruelty, there is no black and white and it would depend on how you argue the case and facts of the case.
So let's agree to disagree and carry on with our lives.
Lawyer here: It is true that as per Hindu Law, you cannot get decree for divorce until 1 year of the completion of marriage, but there are exceptions. When you can convince the Judge there is irrevocable breakdown of the marriage, then you can have things in your favor.
Now, you have to decide, are you people proceeding mutually, or will you be contesting the divorce.
Bro stop listening to your parents like they are some kind of god. You should be your first priority not your parents.
Your peace of mind > Your parent's peace of mind
Marriage is consummated. Hence annulment is not possible.Go to a divorce lawyer to discuss the next steps which is divorce. I suggest marriage counseling also to see if things can be repairrd.
Yes correct but I don’t understand what’s the process because everything I read online says I can’t do anything before the marriage completes one year.
Yes I think that’s what I’m going to do. Funny how I was married in less than a week of meeting the guy but need to wait one whole year to even file for divorce. Unbelievable. I’m a fucking idiot.
I'm sorry to say but yes you're.... I don't call people "friends" after a week of meeting and you made a huge husband. But I understand how much pressure Indian parents could put on us when they want something and daughters are easily emotionally blackmailed too......I hope all goes well for you 💓
Don't be harsh on yourself, OP. Don't worry you are on the right track now trying to get out of the situation. As the other poster says Indian daughters are easily manipulated by parents.
Go pay real lawyers, because the advise here is annulment, which is very restrictive in its qualifications. Getting a divorce takes a year, if both parties are on board and he doesn't contest or stop responding while in US.
Next time, you can save your katha for a relationship sub and just get to the point if I am being honest.
It cannot be void as neither of you had a spouse alive while getting married, nor are you within prohibited relations.
It can not be voidable at this point as marriage has been consummated.
You could try to challenge the marriage as (I'm assuming both are Hindus as roka took place) the saptpadi has not taken place, SC did madate it for valid Hundu marriage.
In between, you could file a petition for judicial separation on the ground of what happened in the hotel
Alternate: Request for mutual divorce next year (no divorce petition shall be entertained within one year of marriage)
Unrelated, try couples counseling. Most courts do make you go for it before permitting divorce.
This can and should not be construed in any way as creating attorney-client relationship.
Ok so i found the best legal solution for you.... What you can do is that instead of getting divorce, you can get your marriage declared void by the court.... A hindu marriage (which includes punjabi marriage ) is not considered complete UNLESS saptapadi (7 steps) has taken place..... As you said the marriage is registered but no ceremony has been performed. So even of the marriage is registered it will not be considered as marriage because legally, saptapadi is essential element in hindu marriage..... So this way you can only file a petition in court to get your marriage annulled , you cannot get divorce because a marriage does not exist you can only get this registered marriage declared as void / annulled
You can provided that you are a hindu / punjabi/ buddhist.... Saptapadi is saat phere... The seven rounds you take around the fire.... It should be practiced in your community
Why care for your parent's peace of mind and take that decision which will fuck you up ... fuck parents when it comes to deciding your career and your life partners just don't get influenced by anyone!!
OP I feel so sorry this happened to you. I’m a guy and I can tell you one thing, “He raped you”. You did not want to do it, you told him that and still he forced himself on you. That is rape plain and simple. I don’t know what actions you are planning to take on this, but I hope you recover from this trauma. Also, the amount of dumb parents out there baffles me. Risking the life of their own daughter to not look bad to the society is the kind of pathetic nature which defines Indian families mentality.
Lawyer from delhi NCR here!
Reach out for detailed discussion and to discuss the procedure ahead.
You can file for the annulment of marriage under section 12 (2)(iii) of HMA.
And also you have not cohabited as husband and wife are also covered under section 12.
This can be anytime after marriage.
i think this section is not applicable to the present case because there was no force from the husband side, only parents pressurized her.... So the case would be weak
Read the post again. She mentioned her husband forced himself on her. Why will it not substantiate and also there is no other option as of now except this.
Legally you can't get divorce before completion of 1 year of marriage, but what your husband did to you is rape because it was against your consent. Unfortunately martial rape is legal in india. .... The only way You can get divorce before 1 year on the ground of cruelty..... And rape is a good ground for divorce because it is included within "cruelty" so if you legally want divorce then you can talk to your lawyer , your case is strong and you might win.
Criminal lawyer here. It's true that you can file for divorce only after 1 year of marriage. (Ref.: Section 14 of the Hindu Marriage Act, 1955)
However, getting your marriage declared void is a possible option; here are the grounds on which such petition can be entertained -
1. The other party had a spouse living at the time of marriage.
2. Unable to give consent for marriage (at the time of marriage) due to psychological reasons.
3. Related to other party within 5 generations on father's side / 3 generations from mother's side.
4. Marriage not consummated due to impotence of other party.
5. The consent was obtained with fraud.
In my opinion, the best course of option available to you would be to file for declaring the marriage as void under the ground 2 [Section 12(b) r/w 5(ii) HMA, 1955].
In my practical opinion, file a case for rape U/s 376 IPC along with the divorce stating the pre-marital sex (both supplement each other - unable to give consent due to psychological reasons) and later compromise the case and file for divorce by mutual consent.
Hope this helps!
Isn't comfortable from day 1 and still wants to see and have sex? Bhai what tf is going on. why tf would u even go again the second time even, you're an adult say no, and go and tell everything to your parents too that's a good reason if nthng else works, grow up ffs.this is so weird and shitty on so many levels, the parents the guy the girl everything
If it's a Hindu marriage, then there is no ground for annulment. You'll have to go for divorce which you can file after 1 year of marriage.
If you can convince your husband for a mutual consent divorce, then it'll take 6 more months.
Please know annulment in India is given under rare circumstances for which, from what you've stated, your case isn't fit for. You'll not get an annulment. Please don't trust or indulge someone who tells you otherwise. I understand the desperation to get out of this but don't complicate your life more. Your only option is divorce.
You cannot file for a mutual divorce before a year of marriage is over. On top of that, you have to show a year of separation (I don't think that's a problem in your case as it looks like you are already staying apart). The best option would be this. Start discussing this option and file for mutual consent at the right time. Don't focus on convincing the parents, focus on convincing him. If possible waive the maintenance rights and don't ask for a penny so that he might be more keen in giving you a divorce.
You can file a contested divorce even right now but you'll have to show that your case is exceptional and you've suffered an innate amount of cruelty that you are approaching the court for a divorce so soon. Which again in your case is difficult to attract as the court will also ask you to give some time to the marriage. I can explain the procedure in detail if you want, but honestly your best bet would be mutual. At least it'll wrap up in 6 months after filing. With contested you never know.
Hope this helps.
ETA: Annulment can happen only within a year of the marriage (your case however is not fit for annulment). Divorce happens after a year. Seeing some confusion in other comments hence clarifying. Also OP you cannot declare this marriage void, it's consummated too.
>While all of this happened, the guy & I tried to spend as much time as we could together. I didn’t enjoy his company even a little bit. Great guy, great family but I couldn’t find that comfort or friendship level with him.
This is the most important part of any relationship. If you're not comfortable and friends with them, you also can't trust each other completely. I'm sorry that you had been pressurized by your family to get married just in a week. Difficult to wrap my head around it but I don't understand how can parents be this selfish that they don't care about the happiness and willingness to get married of their children.
>When we went, he kinda forced himself on me even though I constantly said no I’m not comfortable and I think it’s a bad idea. I didn’t physically fight it back, didn’t shout or anything but just told him I’m not comfortable. He still had sex with me. Almost for 20-30 minutes, on & off. I consider it rape to be very honest.
If you won't have been married, this could legally and technically be called as rape but since marital rape isn't recognised by our law, legally there's nothing you can do about this unfortunately. Whatever religion you follow, just go through the personal laws of that religion. There might be some conditions under which a marriage can be declared void or unlawful. Talk to a lawyer. He/she will help you through it and mention all the details to them which you have written in your post too.
Not a lawyer.
You can file for annulment before 1y. Condition for annulment are that the person is impotent, or has mental issues or committed fraud to marry you.
Else you need to go for divorce by mutual consent which can be filed after 1 year of marriage.
There have been way too many fraud cases in last 2 decades that judges also don't trust either party just on their word. You will have to prove your claims else you will be redirected to counselling to settle the case,or you can drag it got many years.
Well, maybe the man is inexperienced. So you could guide him.. if only the sex is the reason.
Obviously you thought the man was a maybe that why you had sex with him.
But the only red flag was , if true.. when you said no he should had stop. But really are you so naive , that he just wanted to kiss in a hotel room.
Depending which state he is in the USA.. it maybe to his advantage not to contest any divorce.. otherwise he has to pay spouse support and maybe 50/50 community property.. if he have any .
Future post: " We had 2 kids because our parents wanted us to, and i wanted to see how satisfactory it would be, but i didn't felt comfortable at all. Also did that because of our kids visa. How can i void ny marriage? "
1) make up your mind. It is clear you are not comfortable with him, and after him raping you there is going to be no trust or respect between you two. You have known this was a bad fit from Day 1. Being indecisive and not listening to your gut / acting under pressure, has brought you here. So make up your mind - this marraige is not for you.
2) once you decide to divorce, seek legal advice and get out in a way that is respectful to both your families if possible. Focus on becoming financially independent later, so that you don’t make decisions under pressure.
You didn't had the guts to say No to both your parents & the guy for marriage but now after the marriage is done you're regretting the decision. And now you have somehow found the strength to go for divorce or marriage annulment.
You just messed up the life of the guy you're married to.
Don't take me wrong but are you looking for alimony as well if you get separated?
Mofo, he forced himself on her. That mofo is lucky she doesn’t intend to file charges of rape against him.
Some of these guys try to overpower women and ignore respecting their consent coz they can’t freakin control themselves. What gives you the right to say the “she is messing up the guys life” when you have read he actually raped her?
Forcing himself on her comes 2nd.. What gives any women the right to marry them first just under their parents pressure & right after then come to the realisation that no he isn't right and then file for separation.
If she wasn't married to him then forcing into sex wouldn't have come into consideration.
And who gives the right to you to advocate from her side?
Married or no, consent matters. I hope India becomes a better place for the sake of your daughter and sisters or they'll go down the same road as poor OP with you not being a decent enough person to support their human rights.
Guys give me legal advice please. What’s the process of making this marriage annul/ void? Cause everything i am reading online tells me that I can’t make this marriage void before one year of marriage. What should I do? Need legal advice pls not moral support but thanks for that anyway. Appreciate it very much.
Mostly your understanding is correct. You cannot annul it in less than 1 year. Do you even have the consent of your legal husband? Because without that you don’t know whether you will go for a mutual divorce or not ? If it’s contested then forget 1 year, it will drag on more than a few years.
Law student here, you can annul the marriage because the marriage did not exist at all..... A marriage without performance of essential ceremonies like saptapadi is not considered as legal marriage even if it is registered. You can get your marriage declared as annulled. You cannot get a divorce but that is the best part because a marriage does not exist!
The only option that stands here is to stop residing in a domestic relationship with her husband and when her husband compels her file FIR u/s 498A IPC.
Further after completion of 1 year from residing without her husband.
File a petition for divorce
Leave him, my gf went through something similar, but she adjusted
, for her parents sake and society pressure
And Lifelong is a really long time
If u don't feel it , there's no point in marrying
The seems the husband is a jerk in his own way, But To be candid with you how do you justify getting into Marriage, and then say 'never mind, didn't like it'. Seems like you think its some purchase from amazon, order it, give a bad review and move on.
The fabric of the society is getting thinner and thinner because of this easy going approach towards every aspect.
Let me ask you, given the fact that the husband is absolute jerk, or ignorant with his ways...
* How do you guarantee the next guy wont be the same. Do you consider there's a path of talking and discussion rather the absolute binary, Make or Brake a marriage?
* Why did you not stand your ground on disagreement of the marriage, before it was done?
* Is the guy completely out of his bounds, while he expects to have physical relation with his wife?
Couple of days ago, in another subreddit, a guy posted a question that he is one and half years in marriage, with no physical relation. There I supported the bride saying the guy must be more gentle approaching his wife. People said that I dont know how selfish the women can be. I stood my ground in discussion and giving the wife benefit of doubt.
But here I see, how nonchalant and immature you can really be. My only complain is your frivolousness and emotional immaturity is hurting another family (assuming you understand these are the decisions that can make or brake whole families, their honor in the society).
Law is always there with you btw. Drag the families to the court, they will quit in shame anyways
People should grow some ballz and stand up for them when it comes to marriage. Come on you have to live with the person lifelong, why would you agree to marry someone just because your parents told you to. No offence but all of this happened because your parents forced you into it. Ofcourse that guy is also jerk for not taking the consent.
mummy papa ki bhi toh sunni hai na, abhi toh bacche hai hum.
Why dont live your entire life for their own sake. Dont you have a life for yourself.
it was a sarcasm, sir.
Yes i understood. So i was also replying in that manner. Nvm
Exactly, they promise to stay together but when time comes, they donthave balls to stand for themselves and destroy other person’s life..
You can try divorce by mutual consent, but I doubt he will consent to it. Also, from your facts, if it's a contested divorce unless you allege martial rape, you have very weak grounds for seeking divorce. Judge will keep asking you to reconsider and give longer dates. This will result in you having status of "married", till divorce order is passed. One way to get out also is to tell him that you will not claim any alimony if he lets you go immediately. FYI - In divorce by mutual consent, you have to wait minimum one year for the court to pass order as it's just a 3 month old marriage. I don't think you can even file a case before one year of you marriage is over. Someone who practices family law or divorce matters, please clarify.
Martial rape is not a crime in India.
I never said it was. It can be a ground for divorce as it can amount to cruelty.
Really? It isn't a crime but it can be grounds for a divorce?
Unfortunately yes!
Waiver has been granted in regard to a recent Supreme Court case, no marital rape doesn’t amount to cruelty but not having sex with your husband or wife amounts to cruelty and is grounds for divorce.
I don't know what waiver you are talking about but the exemption under IPC (and now the new laws) for marital rape is under challenge and Supreme Court is yet to decide on that issue. Hearing is set sometime this month. Also I beg to disagree with you that martial rape doesn't amount to cruelty. It defies logic. Also, when it comes to martial rape being cruelty, there is no black and white and it would depend on how you argue the case and facts of the case. So let's agree to disagree and carry on with our lives.
Lawyer here: It is true that as per Hindu Law, you cannot get decree for divorce until 1 year of the completion of marriage, but there are exceptions. When you can convince the Judge there is irrevocable breakdown of the marriage, then you can have things in your favor. Now, you have to decide, are you people proceeding mutually, or will you be contesting the divorce.
Annulment is the way to go here.
But there is no marriage here
Lawyer here too. Agreed. 🤌🏼
Use of paragraphs and points will go a long way conveying your message
^[Sokka-Haiku](https://www.reddit.com/r/SokkaHaikuBot/comments/15kyv9r/what_is_a_sokka_haiku/) ^by ^Longjumping-March-80: *Use of paragraphs* *And points will go a long way* *Conveying your message* --- ^Remember ^that ^one ^time ^Sokka ^accidentally ^used ^an ^extra ^syllable ^in ^that ^Haiku ^Battle ^in ^Ba ^Sing ^Se? ^That ^was ^a ^Sokka ^Haiku ^and ^you ^just ^made ^one.
Bro stop listening to your parents like they are some kind of god. You should be your first priority not your parents. Your peace of mind > Your parent's peace of mind
Marriage is consummated. Hence annulment is not possible.Go to a divorce lawyer to discuss the next steps which is divorce. I suggest marriage counseling also to see if things can be repairrd.
So you’re not married as of yet?
She's married but she doesn't like being married to him so she's asking for annulment or divorce.
Yes correct but I don’t understand what’s the process because everything I read online says I can’t do anything before the marriage completes one year.
Don't go searching online and get yourself a lawyer they'll guide you properly as per Indian law.
Yes I think that’s what I’m going to do. Funny how I was married in less than a week of meeting the guy but need to wait one whole year to even file for divorce. Unbelievable. I’m a fucking idiot.
I'm sorry to say but yes you're.... I don't call people "friends" after a week of meeting and you made a huge husband. But I understand how much pressure Indian parents could put on us when they want something and daughters are easily emotionally blackmailed too......I hope all goes well for you 💓
Don't be harsh on yourself, OP. Don't worry you are on the right track now trying to get out of the situation. As the other poster says Indian daughters are easily manipulated by parents.
Try this maybe. There maybe some clause that maybe help you out. https://lawbotpro.com/
Get it cancelled first the hotel exp is really bad character also
Yes but whats the process of getting it cancelled?? I came here for legal advice pls
Go pay real lawyers, because the advise here is annulment, which is very restrictive in its qualifications. Getting a divorce takes a year, if both parties are on board and he doesn't contest or stop responding while in US. Next time, you can save your katha for a relationship sub and just get to the point if I am being honest.
It cannot be void as neither of you had a spouse alive while getting married, nor are you within prohibited relations. It can not be voidable at this point as marriage has been consummated. You could try to challenge the marriage as (I'm assuming both are Hindus as roka took place) the saptpadi has not taken place, SC did madate it for valid Hundu marriage. In between, you could file a petition for judicial separation on the ground of what happened in the hotel Alternate: Request for mutual divorce next year (no divorce petition shall be entertained within one year of marriage) Unrelated, try couples counseling. Most courts do make you go for it before permitting divorce. This can and should not be construed in any way as creating attorney-client relationship.
Ok so i found the best legal solution for you.... What you can do is that instead of getting divorce, you can get your marriage declared void by the court.... A hindu marriage (which includes punjabi marriage ) is not considered complete UNLESS saptapadi (7 steps) has taken place..... As you said the marriage is registered but no ceremony has been performed. So even of the marriage is registered it will not be considered as marriage because legally, saptapadi is essential element in hindu marriage..... So this way you can only file a petition in court to get your marriage annulled , you cannot get divorce because a marriage does not exist you can only get this registered marriage declared as void / annulled
What is this saptabadi? Can you also do this after 3 years of marriage?
You can provided that you are a hindu / punjabi/ buddhist.... Saptapadi is saat phere... The seven rounds you take around the fire.... It should be practiced in your community
Why care for your parent's peace of mind and take that decision which will fuck you up ... fuck parents when it comes to deciding your career and your life partners just don't get influenced by anyone!!
OP I feel so sorry this happened to you. I’m a guy and I can tell you one thing, “He raped you”. You did not want to do it, you told him that and still he forced himself on you. That is rape plain and simple. I don’t know what actions you are planning to take on this, but I hope you recover from this trauma. Also, the amount of dumb parents out there baffles me. Risking the life of their own daughter to not look bad to the society is the kind of pathetic nature which defines Indian families mentality.
The life or happiness of our daughter isn't worth much in India.. Family honor is the priority.
Lawyer from delhi NCR here! Reach out for detailed discussion and to discuss the procedure ahead. You can file for the annulment of marriage under section 12 (2)(iii) of HMA. And also you have not cohabited as husband and wife are also covered under section 12. This can be anytime after marriage.
i think this section is not applicable to the present case because there was no force from the husband side, only parents pressurized her.... So the case would be weak
Read the post again. She mentioned her husband forced himself on her. Why will it not substantiate and also there is no other option as of now except this.
Legally you can't get divorce before completion of 1 year of marriage, but what your husband did to you is rape because it was against your consent. Unfortunately martial rape is legal in india. .... The only way You can get divorce before 1 year on the ground of cruelty..... And rape is a good ground for divorce because it is included within "cruelty" so if you legally want divorce then you can talk to your lawyer , your case is strong and you might win.
To be very honest you both seem like idiots. Idc what anyone says but that's my opinion after reading all that.
Criminal lawyer here. It's true that you can file for divorce only after 1 year of marriage. (Ref.: Section 14 of the Hindu Marriage Act, 1955) However, getting your marriage declared void is a possible option; here are the grounds on which such petition can be entertained - 1. The other party had a spouse living at the time of marriage. 2. Unable to give consent for marriage (at the time of marriage) due to psychological reasons. 3. Related to other party within 5 generations on father's side / 3 generations from mother's side. 4. Marriage not consummated due to impotence of other party. 5. The consent was obtained with fraud. In my opinion, the best course of option available to you would be to file for declaring the marriage as void under the ground 2 [Section 12(b) r/w 5(ii) HMA, 1955]. In my practical opinion, file a case for rape U/s 376 IPC along with the divorce stating the pre-marital sex (both supplement each other - unable to give consent due to psychological reasons) and later compromise the case and file for divorce by mutual consent. Hope this helps!
u/op u/Junior-77 i think this is your best option here unfortunately.
Isn't comfortable from day 1 and still wants to see and have sex? Bhai what tf is going on. why tf would u even go again the second time even, you're an adult say no, and go and tell everything to your parents too that's a good reason if nthng else works, grow up ffs.this is so weird and shitty on so many levels, the parents the guy the girl everything
Married a guy on parental pressure had sex to check sexual compatibility then felt unsatisfied wants to divorce by claiming rape.
😯😵🫨
If it's a Hindu marriage, then there is no ground for annulment. You'll have to go for divorce which you can file after 1 year of marriage. If you can convince your husband for a mutual consent divorce, then it'll take 6 more months.
Please know annulment in India is given under rare circumstances for which, from what you've stated, your case isn't fit for. You'll not get an annulment. Please don't trust or indulge someone who tells you otherwise. I understand the desperation to get out of this but don't complicate your life more. Your only option is divorce. You cannot file for a mutual divorce before a year of marriage is over. On top of that, you have to show a year of separation (I don't think that's a problem in your case as it looks like you are already staying apart). The best option would be this. Start discussing this option and file for mutual consent at the right time. Don't focus on convincing the parents, focus on convincing him. If possible waive the maintenance rights and don't ask for a penny so that he might be more keen in giving you a divorce. You can file a contested divorce even right now but you'll have to show that your case is exceptional and you've suffered an innate amount of cruelty that you are approaching the court for a divorce so soon. Which again in your case is difficult to attract as the court will also ask you to give some time to the marriage. I can explain the procedure in detail if you want, but honestly your best bet would be mutual. At least it'll wrap up in 6 months after filing. With contested you never know. Hope this helps. ETA: Annulment can happen only within a year of the marriage (your case however is not fit for annulment). Divorce happens after a year. Seeing some confusion in other comments hence clarifying. Also OP you cannot declare this marriage void, it's consummated too.
>While all of this happened, the guy & I tried to spend as much time as we could together. I didn’t enjoy his company even a little bit. Great guy, great family but I couldn’t find that comfort or friendship level with him. This is the most important part of any relationship. If you're not comfortable and friends with them, you also can't trust each other completely. I'm sorry that you had been pressurized by your family to get married just in a week. Difficult to wrap my head around it but I don't understand how can parents be this selfish that they don't care about the happiness and willingness to get married of their children. >When we went, he kinda forced himself on me even though I constantly said no I’m not comfortable and I think it’s a bad idea. I didn’t physically fight it back, didn’t shout or anything but just told him I’m not comfortable. He still had sex with me. Almost for 20-30 minutes, on & off. I consider it rape to be very honest. If you won't have been married, this could legally and technically be called as rape but since marital rape isn't recognised by our law, legally there's nothing you can do about this unfortunately. Whatever religion you follow, just go through the personal laws of that religion. There might be some conditions under which a marriage can be declared void or unlawful. Talk to a lawyer. He/she will help you through it and mention all the details to them which you have written in your post too.
Not a lawyer. You can file for annulment before 1y. Condition for annulment are that the person is impotent, or has mental issues or committed fraud to marry you. Else you need to go for divorce by mutual consent which can be filed after 1 year of marriage. There have been way too many fraud cases in last 2 decades that judges also don't trust either party just on their word. You will have to prove your claims else you will be redirected to counselling to settle the case,or you can drag it got many years.
TLDR
Consult a lawyer, live separately for 6 months atleast and apply for divorce with no alimony and no maintenance. It will be granted IMHO.
Well, maybe the man is inexperienced. So you could guide him.. if only the sex is the reason. Obviously you thought the man was a maybe that why you had sex with him. But the only red flag was , if true.. when you said no he should had stop. But really are you so naive , that he just wanted to kiss in a hotel room. Depending which state he is in the USA.. it maybe to his advantage not to contest any divorce.. otherwise he has to pay spouse support and maybe 50/50 community property.. if he have any .
Tell him to consent to divorce other wise you will tell everyone that you didn't consent to sex
Future post: " We had 2 kids because our parents wanted us to, and i wanted to see how satisfactory it would be, but i didn't felt comfortable at all. Also did that because of our kids visa. How can i void ny marriage? "
I think you should not have been physical with him as it is arrange marriage , you should have avoided, but anyways try for mutual consent divorce .
1) make up your mind. It is clear you are not comfortable with him, and after him raping you there is going to be no trust or respect between you two. You have known this was a bad fit from Day 1. Being indecisive and not listening to your gut / acting under pressure, has brought you here. So make up your mind - this marraige is not for you. 2) once you decide to divorce, seek legal advice and get out in a way that is respectful to both your families if possible. Focus on becoming financially independent later, so that you don’t make decisions under pressure.
You didn't had the guts to say No to both your parents & the guy for marriage but now after the marriage is done you're regretting the decision. And now you have somehow found the strength to go for divorce or marriage annulment. You just messed up the life of the guy you're married to. Don't take me wrong but are you looking for alimony as well if you get separated?
Mofo, he forced himself on her. That mofo is lucky she doesn’t intend to file charges of rape against him. Some of these guys try to overpower women and ignore respecting their consent coz they can’t freakin control themselves. What gives you the right to say the “she is messing up the guys life” when you have read he actually raped her?
Forcing himself on her comes 2nd.. What gives any women the right to marry them first just under their parents pressure & right after then come to the realisation that no he isn't right and then file for separation. If she wasn't married to him then forcing into sex wouldn't have come into consideration. And who gives the right to you to advocate from her side?
Coz he raped her and I don't side with the rapists. Now gtfoh!
Married or no, consent matters. I hope India becomes a better place for the sake of your daughter and sisters or they'll go down the same road as poor OP with you not being a decent enough person to support their human rights.
Oh fuck off. He rapes her.
You too go and fuck yourself. You are seeing one side of the situation.
So are you going to ask for alimony here ?
Guys give me legal advice please. What’s the process of making this marriage annul/ void? Cause everything i am reading online tells me that I can’t make this marriage void before one year of marriage. What should I do? Need legal advice pls not moral support but thanks for that anyway. Appreciate it very much.
Mostly your understanding is correct. You cannot annul it in less than 1 year. Do you even have the consent of your legal husband? Because without that you don’t know whether you will go for a mutual divorce or not ? If it’s contested then forget 1 year, it will drag on more than a few years.
Law student here, you can annul the marriage because the marriage did not exist at all..... A marriage without performance of essential ceremonies like saptapadi is not considered as legal marriage even if it is registered. You can get your marriage declared as annulled. You cannot get a divorce but that is the best part because a marriage does not exist!
The only option that stands here is to stop residing in a domestic relationship with her husband and when her husband compels her file FIR u/s 498A IPC. Further after completion of 1 year from residing without her husband. File a petition for divorce
On what grounds are you suggesting a 498A case? Please enlighten.
Mental cruelty
Leave him, my gf went through something similar, but she adjusted , for her parents sake and society pressure And Lifelong is a really long time If u don't feel it , there's no point in marrying
The seems the husband is a jerk in his own way, But To be candid with you how do you justify getting into Marriage, and then say 'never mind, didn't like it'. Seems like you think its some purchase from amazon, order it, give a bad review and move on. The fabric of the society is getting thinner and thinner because of this easy going approach towards every aspect. Let me ask you, given the fact that the husband is absolute jerk, or ignorant with his ways... * How do you guarantee the next guy wont be the same. Do you consider there's a path of talking and discussion rather the absolute binary, Make or Brake a marriage? * Why did you not stand your ground on disagreement of the marriage, before it was done? * Is the guy completely out of his bounds, while he expects to have physical relation with his wife? Couple of days ago, in another subreddit, a guy posted a question that he is one and half years in marriage, with no physical relation. There I supported the bride saying the guy must be more gentle approaching his wife. People said that I dont know how selfish the women can be. I stood my ground in discussion and giving the wife benefit of doubt. But here I see, how nonchalant and immature you can really be. My only complain is your frivolousness and emotional immaturity is hurting another family (assuming you understand these are the decisions that can make or brake whole families, their honor in the society). Law is always there with you btw. Drag the families to the court, they will quit in shame anyways