Divorce by mutual consent under hma
Mukesh Dave
(Querist) 29 December 2012
This query is : Resolved
Your Opinion:
In mutual divorce no respective allegations can be made out. It is the mental mismatch or incompatibility which should be the reason for mutual divorce.Take help of lawyer who would draft a standard mutual divorce petition.
Query:
WHETHER WORD CAN BE ADDED ALONG WITH MENTAL MISMATCH OR INCOMPATIBILITY RESULTING TO NO PHYSICAL RELATION IN FILLING PETITION?
Please Reply
Thanks & Regards
Devajyoti Barman
(Expert) 29 December 2012
You can add more words but try avoiding no physical relationship as some courts take objection in non consummation of marriage which they think to be ground for nullity of marriage.
Mukesh Dave
(Querist) 29 December 2012
Dear Sir,
Your Opinion:
You can add more words but try avoiding no physical relationship as some courts take objection in non consummation of marriage which they think to be ground for nullity of marriage.
QUERY:
Thanks for your prompt replies & suggestion.
Now as discussed earlier unless and untill physical or mental impotency / unfit for physical relations of any spouse not mentioned in nullity ground petition & PROVED then nullity case becomes not maintainable . Simple ground of no physical relations between spouse after marriage and marriage was forcibly solemnized as per wish of Girl Parents against Girl wish whether this ground maintainable for getting Nullity?Sir, you also opined that only both spouses marriage NOT CONSUMMATED by physical relation will not be enough for nullity under HMA.
SO ANY RISK BY WRITING IN MUTUAL DIVORCE PETITION TWO WORDS
ALONG WITH MENTAL MISMATCH OR INCOMPATIBILITY RESULTING TO NO PHYSICAL RELATION IN FILLING PETITION?
Thanks lot for all your opinions and answers.
Regards
Raj Kumar Makkad
(Expert) 01 January 2013
All the grounds of such nullity are duly mentioned in section 12 (1) of HMA so it shall be good to study those grounds.
