Nullity annulment of marriage under hindu marriage act
Mukesh Dave
(Querist) 19 December 2012
This query is : Resolved
Nullity Query:
Boy & Girl marriage registered under Hindu Marriage Act before Six months. Both stayed together for 3 [three months] but from the day first nigh to three months to total 90 days there is no physical relation or sex intercourse between them. Wife avoiding such act in bed room and staying away from husband keeping distance from him in bed room. She is cool in bed room. Husband educated and sober did not force wife for this act forcibly. Situation continued for 3 months. Outside bed room she acts normally with husband and other. She is not arrogant or angry with husband inside or outside bed room. She does not give any reason why she behaves like this?Now wife staying at Parent home and taking Psychiatric treatment but situation continues. When asking why she behaves like this? She starts crying and say 'I also do not understand why I am doing such thing? I am confused." Husband decides to appeal for Nullity of Marriage as six months have passed and no positive improvement in spite of three months psychiatric treatment and marriage counseling expert. Husband, both side parents have failed to find out reason why she behaves like this in bed room. Both husband and wife are well educated, well set in job and from good family back ground and both is smart, good looking.
In this situation what valid ground should be for Nullity of Marriage under Hindu Marriage Act?
Further can this HMA Registered marriage again registered under Special Marriage Act for easy relief for Nullity ground? [Both husband and wife are Hindu] Both Parent side came to conclusion that if Nullity order received it will be good for both parties as Marriage will be annul and not divorced. Request for some High Court Judgment references useful for filling Nullity from Husband. Please reply to query, your legal advise is important to us. Awaiting reply, Thanks.
Devajyoti Barman
(Expert) 19 December 2012
No the marriage can not be registered again under different Marriage Act,
Non consummation of marriage is very difficult to prove. You better should have gone for divorce.
Wait till one year for such suit.
Raj Kumar Makkad
(Expert) 19 December 2012
Refusal of sexual relation is the best ground for nullity.
Refer to following judgment:
http://indiankanoon.org/doc/161638365/
ajay sethi
(Expert) 19 December 2012
Section 12(1)(a) of the Hindu Marriage Act, 1955. Said section reads as under :-
"12. Voidable marriages. - (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotence of the respondent; or
(b) ......
in the present case you have to allege and prove wife was impotent than only you will get an order for declaration that marriage is nullity . in the context of Section 12(1)(a), the marriage should be voidable and can be annulled by a decree of nullity only if the petitioner-husband succeeds in proving that the marriage was not consummated at all owing to the impotency of the wife.
Raj Kumar Makkad
(Expert) 19 December 2012
The citation referred above is sufficient to provide the right to the petition husband to seek annulment of marriage on the basis of allegations cited in query.
