My friends, who recently got married under the Special Marriage Act, are facing a tough situation. They eloped and hid their relationship from their families, but now, under pressure, they’re regretting their decision. Their lawyer suggests an annulment, claiming the marriage was a sham – an arranged one where the girl concealed a prior relationship. He advises her to initially accept the notice but then not appear in court, hoping for an ex parte annulment within four months. This would avoid suspicion of collusion and speed things up. However, she’s already committed to another marriage in a few months. Is this legal strategy truly the best course of action, considering her limited options?

Apni Law
Apni Law
Law Forum › Category: Divorce › My friends, who recently got married under the Special Marriage Act, are facing a tough situation. They eloped and hid their relationship from their families, but now, under pressure, they’re regretting their decision. Their lawyer suggests an annulment, claiming the marriage was a sham – an arranged one where the girl concealed a prior relationship. He advises her to initially accept the notice but then not appear in court, hoping for an ex parte annulment within four months. This would avoid suspicion of collusion and speed things up. However, she’s already committed to another marriage in a few months. Is this legal strategy truly the best course of action, considering her limited options?
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Apni Law Staff asked 2 years ago

My friends, who recently got married under the Special Marriage Act, are facing a tough situation. They eloped and hid their relationship from their families, but now, under pressure, they’re regretting their decision. Their lawyer suggests an annulment, claiming the marriage was a sham – an arranged one where the girl concealed a prior relationship. He advises her to initially accept the notice but then not appear in court, hoping for an ex parte annulment within four months. This would avoid suspicion of collusion and speed things up. However, she’s already committed to another marriage in a few months. Is this legal strategy truly the best course of action, considering her limited options?

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Best Answer

Apni Law Staff answered 2 years ago

This legal strategy is highly risky and unethical. The Special Marriage Act allows for annulment on grounds of fraud or coercion, but concealing a prior relationship doesn’t necessarily constitute fraud. Additionally, failing to appear in court could backfire, leading to a default judgment that might not be in her best interest, especially given her upcoming marriage. It is crucial to consult a different lawyer for a thorough assessment of the situation and explore all legal options.

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Previous Article My marriage hasn’t been easy. It’s been a year, and it’s my husband’s second marriage. My in-laws and I haven’t been able to get along, and I feel constantly pressured. We talked about divorce in January last year, and he was open to it then. Now, I’m not sure where he stands. How should I approach this sensitive situation?
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