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Kaushik Ray (Academic Resource Person)     02 October 2012

Annulement of marriage

I am a Hindu man and was married to my Hindu wife on 5.7.2012 as per Hindu customs and traditions. I had filled an application form on the day of my marriage which was to notify the registration of marriage. Along with that i had submitted copy of my residence proof and date of birth proof. Subsequently i had signed 8 copies of passport photos that had both me and my wife that were taken post marriage. No subsequent formality has been pursued from my end. My first question is my wife a 'legally wedded wife ' of mine? In other words, has the registration been done based on my activities mentioned?

Secondly, right from the 1st day of our marriage, my wife has deliberately and emphatically declined to have any physical relationship with me. Upon repeated insistence, she continued to lead that kind of married life and subsequently left her matrimonial house due to this matter. Since then, she has not come back on her own and has given no response to my repeated requests of seeing a counsellor to address her problems and barriers to having a suitable s*xual relationship with me. Can i file for nullification of marriage on these gounds?



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     02 October 2012

 Despite a specific ban under the Hindu Marriage Act, a spouse can apply for divorce within a year of marriage in case of "exceptional hardship or exceptional depravity," the Bombay High Court recently ruled.

Section 14 of the Act bars family courts from entertaining any plea for dissolution of a marriage before the end of one year after the marriage. 

Kaushik Ray (Academic Resource Person)     02 October 2012

Based on the details furnished, cn someone pl tell me whether my marriage has been registered or not first of all? Secondly, under the circumstances mentioned, can i not file a case to declare this marriage of mine as null and void? When my conjugal partner is hell bent not to go for any physical relationship with me, why should law not take care of my marital requirements and faciliate me in seeking a null and void order from court?

Adv. Nikhil Seth (legal consultant (9867264707))     02 October 2012

you can file for divorce  no s*x to husband is ground for divorce it is cruelty . 

 

Adv. Nikhil Seth  


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