Divorce
Sonika
(Querist) 19 June 2012
This query is : Resolved
Hi, I got arya samaj wedding done this April'12 and got registered in the court the next day.And we did this to apply my international visa as my guy stays abroad.The ceremonies were planned for later this year and then we would have officially stayed with each other, so till now I have been staying with my family. Now we are facing a lot of compatibility issues and have decided to not to carry on further and have planned to not to stay with each other in future too and want to end this marriage.What should be done in this case? whether annulment can be applied since we did stay with each other for even for a single day ? Or what should we do?
Kiran Kumar
(Expert) 19 June 2012
you will have to wait for one year atleast....
the Hindu Marriage Act, 1955 puts certain restrictions.
even if you seek divorce on the basis of mutual consent u still need to wait for one year.
Sonika
(Querist) 19 June 2012
can i apply for annulment??and do i have to wait for a year even in case of annulment??
ajay sethi
(Expert) 19 June 2012
if marriage has not been consummated you cna apply for annullment of marriage
Sonika
(Querist) 19 June 2012
Thank you Sir, how much time does annulment take??
Shonee Kapoor
(Expert) 19 June 2012
There is no guarantee how much time the cases would take.
Don't take hasty decisions.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 20 June 2012
Dear Sonika
you can not file annulment case only with this ground that the marriage is not consummated yet, according to section 12 (1) (a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings
you should wait for completion of 1 Year and after that file a divorce petition on other grounds.
feel free to call
SAINATH DEVALLA
(Expert) 20 June 2012
Sonika,
Your Arya SAmaj wedding was only for the sake of flying off from this country along with namesake hubby.What was the need for all this stupid venture and with an ulterior motive.Oh God save these people.Legalities for separation have been dealt already.
K.K.Ganguly
(Expert) 20 June 2012
You are already married as per Hindu Marriage Act. You shall have to wait for 1 year for applying for Divorce & Mutual Consent Divorce is the quickest to get.
You can not get the marriage annulled simply because it has not been consummated. It has to be proved that it has not been consummated due to impotency of the husband at the time of marriage.
So, there is no quick fix solution.
