B S Deodhar
(Querist) 11 November 2017
This query is : Resolved
I got remarriage on 3rd oct 2017, from first marriage we both have one kid. Now from date of marriage my husband is denying physical relationship. First i thought he might be not mentally prepared. But as time pass on I understood that he is mentally prepared but physically incapable. To understand what is actually problem one day I tried from my side so that he will come near to me...There I understood that he is not at all capable . He said sorry to me and since from that day we are not sleeping in one bedroom also. Now he is not ready to speak on this subject with me and avoiding me....I don't want to continue my life like this and wanted to nullify the marriage. Pls advice...
Dr J C Vashista
(Expert) 12 November 2017
If the marriage was solemnised under Hindu Marriage Act, 1955 move a petition under section 11 of the Act for annulment of marriage.
Dr J C Vashista
(Expert) 12 November 2017
Contact, consult and engage a local prudent lawyer for proper guidance and proceeding.
Vijay Raj Mahajan
(Expert) 12 November 2017
In this case best is to seek annulment of the marriage under section 12(1) (a) & (c) Hindu Marriage Act,1955 which is that the marriage has not been consummated owing to the impotency of the respondent/husband and the consent of the petitioner/wife taken by fraud as to material fact of the respondent/husband's physical disability to consummate marriage owing to his impotency. The wife need to file petition for the annulment of marriage proceedings in the Family Court and if husband agrees not to defend it, the order for nullity can be obtained at shortest possible time.
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