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Welcome › Forums › Law › General Questions › foreigner marriage valid or not
Tagged: Annulment, divorce, family court
I an American citizen by birth with no Indian background once so ever. I met an Indian guy online when I was 16 years old. when I was 18 years he convinced me to leave USA and marry him. When I got to India he converted me to Hinduism through Arya samaj and lied to me telling me that’s the only way we can get married. He registered the marriage under the Hindu marriage act. I have consulted lawyers who all have conflicting opinions. Some say the marriage is valid and some say its invalid so I should file for an annulment due to my domicile was not India as I’m a foreigner and he converted me to Hinduism which is not legally done and Hindu marriage act doesn’t allow that. I left my husband and India in 2019 due to abuse. Please give your opinions on the matter your advice is greatly appreciated.
In your case there are two things, namely, first your conversation to Hindu by making a false representation & second your marriage under Hindu Marriage Act. It is undisputed fact that you have consented to marry.
You could marry under Special Marriage Act, hence no need to convert you to a Hindu, so misrepresentation was made to you. Since your consent was obtained under misrepresentation, so your consent is voidable consent which you could declare as NULL &VOID by filing a declaration suit in India.When you are declared as a Non Hindu person, your marriage also got null & void.