Cupid Cupid (CRM) 02 August 2012

498a/annulment

I have been married for 4 months now. Public Humiliation on my wedding day has caused me mental agony and has affected me mentally. I have not had s*xual intercourse with my "wife" as of yet. I feel I am mentally impotent - I am mentally impotent and have NOT consummated my marriage. I wish to file a petition for Annulment. However, I am not sure the girl's family may take this and I fear of being a victim of 498a. Kindly advice on the following:

1. Procedure of file petition of Annulment.

2. What could be the consequence if the girl says we have had s*xual intercourse even when we have NOT? Any further ways or to interrogate this? If possible, medically?

3. I am currently working in Bangalore (in Karnataka), however, my family is in Belgaum (in Karnataka). Where should I be at the time of praying for Annulment? Bangalore / Belgaum / the village that my is from (village also is in Karnataka)

4. Is there a possible way she could file 498a for calling for Annulment?

5. If point 4 takes place, may I request / pray for Anticipatory Bail? And how much do you think it might cost in Karnataka? (for 3 people)

6. In case if courts grants Annulment, do I have anything to worry about compensation / maintenance?

7. Both (compensation and maintenance) or anyone would be considered?

8. Either ways (in connection to point 7): how is the amount calculated (For compensation and / or alimony)? Or will I just be asked by Court to as much be the demand from girl?

Kindly help. Thanks in advance!

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 August 2012

1. You cannot file for annullment. S.12 which provides for annulment categorically talks about impotency of the respondent. Only if your wife files can it get annulled on such ground.

2. Writing to the authorities would be right at this stage, file anticipatory at appropriate time.

3. Maintenance depends on a cumulative consideration of means and capacities of both of you, notwithstanding annulment or no anullment. Court has the power to give maintenance even in void or voidable marriages within S.25 HMA

Cupid Cupid (CRM) 04 August 2012

Well, I have been reading about this and it has come to my notice that either party (An annulment case can be initiated by either the husband or the wife in the marriage) can file a petition for Annulment. I have also read an article that states in case of annulment, alimony and / or maintenance will be NOT be considered . Also, since we have talked about 498a on this subject, in the past one week I have called my wife and have recorded my call with her in which she has confirmed that NO harassment was done to her by my parents at the time she was residing there (with my parents) at my absence (as I live in Bangalore, since I work in Bangalore). Will this call recording be of any used in case IF she files a false case against my family and me? Also, one of the links ( can't recall the website name though) talks that in case if any partner has not had s*xual "intercourse", petioner will be asked to prove this :(. In the days we are living in, what do you think is the best possible way to prove I have not had s*xual "intercourse" with her? Any help / guidance is much appreciated. Thanks!