meAnonymous (employed) 11 September 2009

unconsummated marriage-divorce or annulment?

I got married in Mid 2008,an arranged one.Before marriage i had communicated to my prospective husband,that i need to take care of my parents as they have no son(we are three sisters),from my own earnings(also as neither of my parents are employed). I am a medico in teaching profession.Before we could marry,he never tried to make an effort to try to know me n also to tell about himself,his ambitions,or future plans ,coz he was a busy practitioner too.i ignored thinking he would change postmarriage..after the wedding,i spoke to him about his future plans,about where to settle down etc,and reiterated the fact that i badly needed to take care of my parents..this irritated him and his behaviour changed completely.. he was angry that i started the things during honeymoon,but i just tried to make an attempt to talk to him first...the age that i got married, i was bothered more about stability rather than physical intimacy, not that i was totally averse to it... finally his bro and sis in law left me at my parents place..i pleaded to him,apologised on phone sms and letter..but he began making false allegations regarding my character..moreover, its been a year and 4 months,he never called up or bothered to enquire about me..only when my parents or i called him or contacted, he responded,that too rudely,,meanwhile he visited twice to my parents place,once after 6 months and then after one year,but he just had false allegations to make,and make up false imaginary stories about how worthless i was..he never gave his whereabouts,of his residence nor did he allow us to visit his place..current status is that,i stay with my parents in the town that i work..I just wish to get rid of him coz we are not compatible at all, I dont wish for alimony too....but i dont know how to proceed..my querries are-
1)Is annulment possible in my case?
2)where do i file the case for divorce-where my parents used to reside,where we got married,or where he or me works,coz all these places are different..
3)How long will the procedure take,the duration of marriage is, to be precise, 16 months,and the period for which we stayed together is just 20 days..
kindly help out..i m thoroughly disturbed..

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5 Replies

Vikas Dharmendra (Consultant) 11 September 2009

what is your and his age?

meAnonymous (employed) 11 September 2009

34 and 39. I got married late coz of educational and financial constraints..also since parents were keen on horroscope matching,it led to further delay

Adv. Deepak (Advocate) 11 September 2009

Ms Anony, Marriage can be annulled only on the following grounds : 1. marriage not consummated owing to the impotence of the respondent; 2. neither party at the time of marriage was capable of giving valid consent because of unsoundness of mind or if capable of giving valid consent, sufferring from mental disorder of such nature as to make him unfit for marriage or either party subjected to recurrent attacks of insanity; 3. consent of the petitioner obtained by fraud as to the nature of ceremony or material fact or circumstances concerning respondent; 4. Respondent was at the time of marriage pregnant from some other person. I think that your case does not fit in the above. If you have decided to dissolve your marriage you will have to file petition for divorce on the ground of cruelty. You can file the petition at the place where you reside at the moment, where your husband resides at the moment, the place at which your marriage got solemnised, or at the place where you last resided as husband and wife. At the most the proceedings will take time of one year from the date of filing of petition. Which religion do you and your husband profess? Under which law you got married? Was it registered? Was your marriage consummated? If your husband changes his mind are you interested in restoring relationship with him? Request to kindly answer. ddkharpudikar@indiatimes.com

meAnonymous (employed) 11 September 2009

Thanks a ton Adv. Deepak Sir for the valuable info..as regards your questions,well,both of us are Hindu and got married as per the traditional vaidik paddhati..it is'nt registered as yet and not consummated too..I m by no means interested in restoring the relationship coz of his whimsical and doubting nature,and above all, the extreme callousness he has shown till date..Both his paranoid nature and the egotistic attitude are the things i cant just handle(I earned more than him,gelled with his family members and friends in no time, this probably hurt his ego)

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 12 September 2009

Where he resides and where u reside currently.

U can file where u reside. but first talk to him, he will definetly go for divorce mutually.

But think again, you can first file applicaion before women cell they will try to reconsile the marriage. Else you can file DVA applicaiton also to reside in his house. It is your right. Think again and let us know the information to guide further.

adv.kamal.grover@gmail.com