8 months marriage/did not consumate till date/ annulment of

A marriage can be anuled by the court if it has not been consummated due to the impotency of the other spouse. Therefore, unless the marriage has not been consummated due to the impotency of your wife, the same cannot be annuled.

Mutual Consent Divorce is the best possible way out, and the same can be filed even within a year on account of extreme hardship. Contested divorce will run for years and with uncertainty about success.

go for consent divorce.  Court may ask for the reason for divorce .

Try for annulment as same will be good for fututre of bride. Otherwise same petition can be converted  in MCD.

1. Annulment is possible only when non consummation owing to impotency of the other party.

2. I differ with Ld.Ashish Ji - when he says mutual consent can be filed within the first year if there is exceptional hardship - S.14 which permits such divorce - does not apply on mutual consent divorces but only contested ones.

3. When 1 year elapses from marriage, file a mutual consent wait for 6 months.

1. Annulment is possible only when non consummation because of impotency of the respondent. It is an adversarial proceedings, and if you venture to file one your wife won't take it lying down because of stigma of being incapable, and this would maekit as bad as a contested divorce.

2. Mutual Consent is your thing - it can be filedo nly after one year - I differ with Ld.Ashish Ji when he says mutual consent can be filed within the first year if there is exceptional hardship - in my view S.14 exception applies only on contested divorces.

The proviso to S.14 permits the waiver of one year of matrimony as a condition precedent to file a petition for divorce. That it applies to a mutual divorce petition as much as to a unilaterally filed divorce petition can be gauged from the unambiguous language used in it which is extracted for ready reference.

                  "Provided that the Court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent"

The expression 'petition' in its pristine plenitude includes any divorce petition, contested or mutual. The proviso does not discriminate between a petition filed unilaterally and one filed bilaterally. Extreme Hardship in the marriage being the core ethos of the proviso to S.14, in my opinion it would be impermissible to read into the proviso a bar the effect of which would be to make the same inapplicable to a mutual divorce petition and perpetuate the hardship for both the spouses, thus defeating the very object of incorporating the proviso. 

My view finds favour with the attached judgments.

under the circumstances of  the situation as it stands today,  the annulment is no applicable because the string of non consummation of marriage due to impotency of a party is attached which has not been mentioned by the querist. therefore , it would be preferable to go for a mcd since it would be expeditious.

Thank you all for Valuable help.

The reason for not consummating is not Impotency, but she is not interested to continue with me, as she has other interest. I don’t blame her for this, it’s my fate.

Now can I proceed with RCR under sec9 in order to reduce cooling time of 6 months in Mutual Consent? Will the Judge consider RCR filed in this month at the time of Mutual consent hearing after one year of completion of marriage?

When I am in depressed state your replies are giving support and hope.

Thank you

What is the use in filing RCR if she does not join? Your filing time for Divorce will not be reduced.  You have only one option being MCD. File it after completion of one year of marriage after which you shall have to wait for another 6 months.

What is the use in filing RCR if she does not join? Your filing time for Divorce will not be reduced.  You have only one option being MCD. File it after completion of one year of marriage after which you shall have to wait for another 6 months.

RCR would be an exercise in futility. Go for MCD if your wife is ready, else file for a unilateral divorce. Be on the guard though for the false criminal cases which you might have to face.

Dear Sir, I thought RCR would be proof before Judge that we are living separately since the time of marriage and Judge may reduce the cooling period of 6 months in MCD and I can get divorce quickly than waiting for 6 months in Mutual Consent.

Thank you

What you thought is not true. Cooling off period cannot be reduced by any court except SC.

i do not find any reason for u to wait for one year to get divorced when ur marriage persisted only for 2 days and both are willing to fall apart ., both of u can mutually agree and either one of you can file a petition for nullity of marriage on grounds that the consent for marriage was obtained by force and other can give no objection in allowing the petition and hence both of you are free and need not call this a marriage