marriage
Querist :
Anonymous
(Querist) 11 June 2010
This query is : Resolved
my sister was married to a person whom we thought then heterosexual.but,he's gay.he cant satisfy her physically and/or emotionally.there is a void in her life. she's asking for divorce.how can it be proved in a court of law that he's a homosexual beyond doubt?what if he doesn't co-operate in the trial?
Sankaranarayanan
(Expert) 11 June 2010
Yes, you can annul the marriage by a decree of nullity Under Section 12(1)(a) of The Hindu Marriage Act, 1955 provided it is medically proved that your husband is impotent.
Under Section 13B of The Hindu Marriage Act, 1955, she can dissolve marriage by mutual consent of your spouse.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 11 June 2010
Dear author,
I do agree with the views of my Ld. friend. But ur question is if her husband doesn't agree for the same then what to do. Ur sister can file a divorce petition as per the Marriage Laws (Amendment) Bill, 2010 therein spouse has been provided irretrievable break down of marriage as a ground of divorce.u can contact me for more details at 9871158578
Unbiased Advice
(Expert) 11 June 2010
Madam Rakhiji, don`t be too excited and too fast about irretrievable Breakdown Law which is a totally different and big subject in itself, so stay away from this Law for now until the ammended Text is Out for U and Me.
Guest
(Expert) 11 June 2010
YOU MAY FILE A DIVORCE PETITION AND MENTION ALL FACTS AND ALSO PRODUCE ALL DOCUMENTARY AND OTHER EVIDENCE.KINDLY TAKE HELP FROM LEGAL EXPERTS AND GET THE PETITION DRAFTED. KINDLY NOTE THAT YOU HAVE TO PRODUCE CITATIONS OF SUPREME COURT AND ALSO PROVE THE ALLEGATIONS YOU ARE MAKING.GOOD LUCK.
Uma parameswaran
(Expert) 12 June 2010
File a divorce petition .If other side deny the allegations they needs to prove it with medical report.
mahendrakumar
(Expert) 12 June 2010
it is very difficult to prove that a person is gay or not. may be some circumstantial evidence may help.
with regarding the impotency,with medical experts one can prove.
Sukhija
(Expert) 26 June 2010
1. Is ur sister ready for divorce?
2. Is her husband ready for Divorce?
If both r ready then without making any allegations against each other they can go for Mutual consent divorce.
3. ur sister can file for divorce/ annullment of marriage & she will require medical proof about her allegations.
