ABC (private) 01 June 2015

Can i file for annulment

My wife and i got married on 30 January 2015. it was an arranged marriage and after the marriage i had come to Pune alone to continue my job. our marriage happened in Andra Pradesh. my wife came to Pune along with my mom on April 16 and left back to her hometown with my mom on 22 April as there were some family funtions that she had to participate in her family side. Again, she is here in pune with her father from 27 May 2015 and she is staying here with me. her father had left for his hometown on 30 May 2015.

now, coming to the problems there are many to be listed down, i am not sure if you have the patience to read them:

1. we have not consummated till date as she wasnt intrested in me from starting.

2. recently, i started getting threating calls from a guy, who says that he is boyfriend and asking me to divorce her.

3. she doesnt like me and she told me because of her parents force and she will not tell anything to her parents and she will not leave me. at the same time she will not give up on her affair.

4. she is giving me mental torture by creating petty petty issues like not flushing the toilet, making the house mess, taking money from my wallet, hiding my dress, waking me up by making noises, and finally not allowing me to stay peace.

5. i had told her father about all this on the day he left for his hometown. but, shockingly he asked me to ignore the past and forgive her and live a good life with her.

6. i am also getting the same advise from my elder father and elder mother [my parents expired when i was 5 yrs old and they are the ones who brought me up] and i cant live a dead life like this throught out my life.

7. she clearly wants a divorce but she will not open her mouth and ask for it. this is what she had told me. she is telling so many lies with me and with her father and my guardians. she is telling me everything is done by her and she doesnt like me but she tells vice-versa to others.

i am being tortured mentally and i cant live with her. please advise if i can annule my marriage and also tell me on what grounds and how much long this process will take.

i would extend my gratitude if you can provide a geniune advise.

thanking you inadvance.

Reply Follow

4 Replies

saravanan s (legal advisor) 01 June 2015

yes you can file for annulment on grounds of force used to obtain consent for marriage.try to record her statement where she admits that she had married you against her wish due to family pressure.file for annulement within a year of marriage.non consumation can also be added as a ground

make a complaint in the police station about the threat calls

SAINATH DEVALLA (LEGAL CONSULTANT) 02 June 2015

Hardly 5 months of marriage,I feel too early for legal solutions.Could be repaired by proper counselling.Regarding her boy friend, are U sure she had an affair before marriage?For seeking divorce both of U have to live separately atleast for a period of one year,before the divorce appl is filed.

A divorce petition can be filed even within a week after marriage if there is extreme hardship which has to be pleaded specifically. In the absence of extreme hardship a petition for divorce is not maintainable before a year from marriage. What constitutes extreme hardship depends upon the peculiar facts and circumstances of the case.