Legal Question in Family Law in India

My younger sister is a government servent. She had an affair with a guy, no one in my family was aware of this this guy was forcing her for marriage. My sister informed mom about this guy as her friend and she asked her to stay away from him. She asked him for a breakup but he had some photographs of her at movie theatre and a park on which he blackmailed her to continue the relationship after a couple of months she was transferred to some other city where she is staying alone and we were unaware of her problems. As time went on this guy used to visit her hostel and used to meet her she was totally confused what to do and she did not inform anyone. She was afraid that if we come to know about all this we would ask her to quit her job this was her conception of the entire situation. This continued for another couple of months and one day he came to her hostel threatened her if she is not marrying him he will commit suicide she was frightened by all this and she was explaining him to wait but he was not in any position to listen her he called his parents and created a scene, his father called my sister and asked her to come to their place and together they would explain the guy. She was confused about all that was happening and she went with him to his place now his family had already planned a wedding and once they reached there they forced her for marriage. The opposite family is a Christian family and they took her to some local church, now this church was not authorised to give any marriage certificate as their was no registration process and she was not even baptisied. They just did every thing in hurry. After a couple of months this guy again came to her and forced her for physical relationship. She was in a mess she kept denying him by making various excuses after few more days he again blackmailed her for registering the marriage he took her to the marriage registrar by continuos blackmailing and registered the marriage under Hindu Marriage Act. After all this she finally broke her silence and we came to know the story. Everyone was simply shocked and she is not even ready to go back to the guy. We don't have any problem with her marriage but according to her all this was pure cheating. And she is not willing to take that marriage ahead.

We approached one advocate to help us get a divorce he says that this marriage itself is not valid. So can someone please explain me if this marriage is not valid then what is the standard procedure of court and how much time it takes to get a divorce in this case or nullity whatever?


Asked on 9/24/17, 8:50 am

1 Answer from Attorneys

First report the matter to police of illegal confinement etc and thereafter file a declaratory suit. Siddharth 9811776422

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Answered on 9/24/17, 9:25 am


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