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SamarParmar
Jul 5, 2010, 12:41 PM
I am from Canada and I got married to girl who is also from Canada.We went to India to get married . We got married and came back to Canada and our marriage didn't work and she left my house in three months. We have had not contact with each other ever since as I had to get restraning order againdt her for harassment against me and my family. We never got court marriage in India it was just a religious marrige.How can I make this marriage null and void.

tickle
Jul 5, 2010, 01:43 PM
If you mean you had a civil ceremony in Canada (you don't say what Province) you do have an option, but a slight one. The following information is from the website TheSite.org and may help, but my guess is you will just have to get a divorce through normal channels. However, I think there is more to your explanation then meets the eye. Are you a Canadian citizen, and is she? Or was she here in a visa to marry you? All of this makes a difference for a either a null/void or a divorce.

In most cases you won't be able to nullify your marriage but will have to go through a divorce. However, there are certain circumstances where your marriage is automatically void, like if your partner was a blood relative or under 16.

Since you have religious objections to divorce you could apply for a Judicial Separation. However, this does not free either of you to marry again.

If your marriage is not valid for any reason then you can have the marriage 'Annulled'. This is done by presenting a 'Nullity Petition'.

Here are some examples of when you may seek an annulment of your marriage:

* It has not been consummated (i.e. you have not had sex with each other since you were married);
* At the time of the marriage your partner was already married to someone else;
* One of you was under 16 years of age when you got married;
* You have inter-married (i.e. married a close relative);
* Your partner had a sexually transmitted infection at the time of the marriage and they were aware of this at the time, but you were not;
* Your partner was pregnant with another person's child at the time of the marriage and they were aware of this at the time, but you were not.

You must apply to annul the marriage within a reasonable period, in some cases this will be within three years. There is no requirement to have been married for 12 months before applying for a nullity.

Tick

JudyKayTee
Jul 6, 2010, 05:47 AM
Is this a recognized marriage in India, a legal marriage?