If you are stuck in such a situation, here is what to do.
Ms. Priya and Mr. Sameer had been in a relationship for several years. Priya was diligently preparing to move to Australia for her postgraduate studies. Sameer persuaded her that they should get married under the Special Marriage Act before she left. He convinced her to forgo a traditional ceremony and to keep the marriage a secret from their families, promising a grand celebration after she completed her studies and was well-settled. He argued this would make it easier for him to join her as her dependent.
They registered their marriage in early 2023, and Priya moved to Australia. Later that year, she discovered that Sameer was involved in multiple affairs. When confronted, he admitted that he never intended to have a real marital relationship with her. He confessed that he saw the marriage as a mere arrangement where Priya would provide him with visa sponsorship in exchange for him supporting her financially, which he claimed he would eventually repay. Heartbroken and feeling deceived, Priya separated from him. She now seeks to annul the marriage in India, as she believes it was founded on fraud, and does not want to proceed with a mutual consent divorce.
Advice in such cases
Cease All Contact: If possible, limit or cease communication with the other party to avoid further manipulation or complications. Preserve all existing communications for evidence.
Secure Your Documents: Ensure you have control over your personal and legal documents, including your passport, visa papers, and marriage certificate.
Document Everything: Write down a detailed timeline of events, from the persuasion to marry, the discovery of the fraud, and any confessions or incriminating statements made by your partner.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Applicable Sections of Law
This case primarily falls under the provisions for annulment of marriage by a decree of nullity. The specific law depends on how the marriage was solemnized.
The Special Marriage Act, 1954: Section 25(iii) allows for a marriage to be declared null and void if the consent of the petitioner was obtained by coercion or fraud. The fraud must pertain to a material fact or circumstance concerning the respondent.
The Hindu Marriage Act, 1955: Section 12(1)(c) provides a similar ground, stating that a marriage can be annulled if the consent of the petitioner was obtained by force or by fraud as to the nature of the ceremony or any material fact or circumstance concerning the respondent.
In this scenario, the fraudulent intention of marrying solely for a visa sponsorship, with no intention of fulfilling marital obligations, can be argued as a “material fact” that was concealed, thereby vitiating the consent given by the petitioner.
If you are the complainant
Gather Evidence: Collect all possible proof of the fraudulent intention. This includes text messages, emails, call recordings, or witness testimonies where your partner admitted the marriage was just for sponsorship.
File a Petition for Annulment: Your lawyer will draft and file a petition for annulment in the appropriate Family Court, clearly stating the grounds of fraud.
Do Not Delay: A petition for annulment on the ground of fraud must be filed within one year of the fraud being discovered.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
If you are the victim
Prioritize Your Well-being: Dealing with such a betrayal is emotionally taxing. Seek support from trusted friends, family, or a mental health professional.
Understand Your Legal Rights: An annulment legally declares that the marriage never existed in the eyes of the law, which can be emotionally and socially more validating than a divorce in cases of fraud.
Preserve Financial Independence: Secure your finances. If you have joint accounts, take legal advice on how to protect your assets from being misused.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
How the police behave in such cases
The annulment of a marriage is a civil matter and is handled by the Family Courts, not the police. The police do not have jurisdiction to annul a marriage or intervene in such civil disputes. Their role would only become relevant if there are associated criminal offenses, such as domestic violence (Section 498A IPC, now Section 85 of the Bharatiya Nyaya Sanhita, BNS), criminal intimidation, or cheating under the provisions of the BNS. However, for the act of marriage fraud for a visa itself, the primary remedy is a civil one through the Family Court.
FAQs people normally have
Is marrying for a visa a strong ground for annulment?
Yes, if you can prove that the sole intention of the other party was to obtain a visa and they never intended to live with you as a spouse, it can be considered a material fraud, which is a strong ground for annulment.What is the difference between annulment and divorce?
An annulment declares the marriage null and void, meaning it was invalid from the beginning. A divorce legally ends a valid marriage. For social and personal reasons, many prefer an annulment in cases of fraud.How long do I have to file for annulment?
Under both the Special Marriage Act and the Hindu Marriage Act, a petition for annulment on the ground of fraud must be presented within one year after the fraud has been discovered.
What evidence is required?
Proving fraud requires strong evidence. The burden of proof lies on the person alleging the fraud. Key evidence includes:
Digital Communication: Text messages, emails, social media chats, or call recordings where the partner admits their true intentions.
Witness Testimony: Statements from friends, family, or other individuals to whom the partner may have confided about their plan.
Financial Records: Evidence showing a lack of financial mingling or proof of a transactional arrangement as claimed.
Respondent’s Conduct: Evidence of affairs or a complete lack of interest in the marital relationship immediately after the visa objective was met.
How long will the investigation take?
This is a court proceeding, not a police investigation. The duration of an annulment case in a Family Court can vary significantly. An uncontested case, where the other party agrees to the annulment, might be resolved in 6-12 months. However, if the case is contested (the other party denies the fraud), it can become a lengthy process involving evidence presentation, cross-examinations, and arguments, potentially taking 2-3 years or more, depending on the court’s workload and the complexity of the case.
Advocate Sudhir Rao, Supreme Court of India