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Madhukar Bhatt (Director)     17 December 2012

Nullity of marriage under h m act

 

Richa stayed with Mahesh from 26th June 2012 to 27th Sept 2012, three months during this time there is no physical relation has been established between them. Marriage is not consumarated.  Rachana stayed in bed room as room partner / as stranger / not giving any physical response what wife should give to her husband. She is cool in bed room. Mahesh says she never has accepted him as her husband; it seems that he is not liked by Richa. She never gave any love what husband needs and no expression of feeling what wife especially express to husband. There is no spontaneous feeling coming out from Richa for Mahesh. Richa  stayed with Mahesh for three months and after that three months she is stays with her Parent. No newly wed couple can stay quietly for such a long span without each other. Till to date, she never speaks of changing her attitude regarding the present problem in their marital life and never speaks to give love and affection to Mahesh as her husband. She is still silent on this reply and does not give concrete   explanation on this issue. 
Both Parentside Counselling, Counselling from husband and from professional marriageCounseller and Physcratrist Physic Anaylyzer all failed to find the reason.
Your opinion / suggestion for ground of Nullity welcome. Please note Marriage was just before six months. Still one year not crossed.


Learning

 2 Replies

Shantanu Wavhal (Worker)     17 December 2012

the marriage is voidable (sec. 12) & not void ab initio (sec. 11)

 

 

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent 

Shantanu Wavhal (Worker)     17 December 2012

Richa stayed with Mahesh from 26th June 2012 to 27th Sept 2012, three months during this time there is no physical relation has been established between them. Marriage is not consumarated.  Rachana stayed in bed room as room partner / as stranger / not giving any physical response what wife should give to her husband.

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