Divorce In Case Of Forced Marriage

I was forced to marry a guy without my consent and now I want a divorce.

Answer (1)

Arshi Noor

Arshi Noor

  • Sector-1, Noida

A forced marriage occurs when one or both spouses do not consent to the marriage. One might be forced into a marriage by the use of coercion, guilt, threats, blackmail, harassment, financial pressure, physical force or might even get tricked into such marriage. If one of the spouses doesn’t want to get married and the marriage goes ahead anyway, it is forced marriage. You must hire the best Divorce Law Attorneys in India to give you a clear understanding of this concept. A forced marriage is a violation of human rights. It is also a form of gender violence since it usually involves mental or physical abuse, blackmail and coercion from either family or society. The process of Annulment of marriage is also available in Indian laws which covers your situation where the marriage has been forced on either of the spouses. Annulment is a legal process where the marriage can be undone or erased, as it never existed. By this, the marriage is declared null and void. The difference between annulment and divorce is that annulment says that the marriage never really happened. If the marriage has been done by fraud or force then these are the valid grounds for an annulment. The process of annulment is similar to that of a divorce which begins with the filing of an annulment petition and ends with the court giving out the last verdict of making the annulment real. The Delhi Court has said that the right to chose one’s life partner is a fundamental right. It is an integral part of your life. As per Laws in India, both men and women have the right to enter into a marriage freely and they both have equal rights against forced marriage. Both have a right to chose their life partners. In fact, Article 23 of the International Covenant on Civil on Civil and Political Rights 1966 states that, “No marriage shall be possible without the free and full consent of the intending spouses.” Article 16 of the Universal Declaration of Human Rights also deals with discrimination against women in marriage-related matters and that both have equal rights to enter into a marriage and same right to freely chose the spouse to enter into a marriage with full consent. You must hire the best Divorce Lawyers in India to get you through with your divorce process and so that both of you will be able to live your life freely with your will and consent. The divorce procedure should start by filing a divorce petition in the court having appropriate jurisdiction over the matter. If a spouse is not willing to get a divorce by mutual consent in a forced marriage the divorce can be filed by contesting. Contesting a divorce is a long and expensive process. After filing the petition, the other spouse gives an appropriate reply regarding the petition for divorce and then the divorce will go into the trial proceedings which involves examination and cross-examination of both the spouses. At last, the court will give a final order which will legally dissolve such a marriage. Forcibly marrying someone is in violation of your human rights and legal rights in India and you must hire the best Divorce Attorneys in India to help you get out of a forced marriage by the legal process which has been laid out.

Answered on 30 Mar 2020


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