Annulment of marriage
Amit
(Querist) 02 June 2012
This query is : Resolved
Hi ! Need advice on Annulment of Marriage.
I am married now for 11 months, but the marriage did not consummate till date. She has a very hairy body and a big black spot (5''-6'') on her back and a lot of other small marks(one on her toungue as well), which were not declared at the time of marriage. I had never felt to consumate marriage since i discovered all this but she is waiting and willing.She is also very rude and use abusive language as well.
Please suggest , if I can file for annulment of marriage and save myself from the stringent laws of India. We are living separately now for 6 months and the situation has gone volatile.
They have complained in women cell and how i should protect myself from 498a.
kuldeep kumar
(Expert) 03 June 2012
THIS DO NOT COME UNDER EXCEPTIONAL HARDSHIPS.I DO NOT REMEMBER ANY SUCH CASE TOO WHERE SUCH GROUNDS WERE MADE ENFORCEABLE.
Devajyoti Barman
(Expert) 03 June 2012
Non consummation of marriage is a aground for annulment of marriage.
You can try that but I regret that it would be enough to save you from teh clutches of 498A case.
So be prepared for that.
kuldeep kumar
(Expert) 03 June 2012
PLS TELL ME HOW WILL U DISPROVE WEN SHE WILL SAY U DID THAT...XXX...DEAR QUERIST
Amit
(Querist) 03 June 2012
Dear kuldeep,
1. I am the petitioner in this case,will it not the respondent's job to prove that, when we did or didn't.
2. Can't Court take help of medical examination ?
V R SHROFF
(Expert) 03 June 2012
Amit,
You have to prove all your averments.
consummation of marriage is a aground for annulment of marriage:
BUT NOT IN YOUR CASE AS YOU SAID " but she is waiting and willing."
You Compromise, negotiate and settle the matter,to
[1] either live peacefully, or
[2] FILE 13B PEACEFULLY.
Amit
(Querist) 03 June 2012
Shroff Sir,
But, is it not a fraud to conceal so many facts about her physical body and above that she is very cruel in her behaviour.
ajay sethi
(Expert) 03 June 2012
merely because wife has a hairy body and as such you did not consummate marriage is not a ground for annull ment of marriage . there are many treatments avilable wherein un wanted hair on body can be removed .
you should encourage your wife to have this treatment done . dont file for annull ment as you are at fault in this case . your wife wants to consummate marriage but you are refusing to do it
Amit
(Querist) 03 June 2012
Dear Experts,
Then please suggest me way out, as I cannot live with her and can't sustain my life like that.She can't find a job, is abusive and does not obey.
should i die or is their a way out?
kuldeep kumar
(Expert) 03 June 2012
if u go through med exa it is u who willl be in problem.then it ll be clear u r not impotent hence weak case.
Shonee Kapoor
(Expert) 05 June 2012
Hmmm,
How did you pass 11 months?
The annulment law is clear, there should be no cohabitation after the discovery of the fact.
What are you trying to do?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Amit
(Querist) 05 June 2012
@Shonee Kapoor,
"Hmmmm" I was trying the social methods to convince them but you know people don't understand simple procedures like you in this case, being also an advocate (trying to interogate me), rather than having an expert opinion.
Amit
(Querist) 05 June 2012
@Shonee Kapoor,
And as i have already stated , she is not living with me from the last six moonths.
Shonee Kapoor
(Expert) 20 June 2012
Which HC you are based in?
Only few HC have been kind enough to grant waiver of no cohabitation clause.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 03 June 2012
