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Truth_Prevails (Software)     13 April 2014

Annulled amrriage

I got married in Dec,11 and wife seprated in sep 2012 but during this period my marriage was never consumated.After that wife filed a case of dowry in Apil 2013 and mentioned in FIR that husband never consumated the marriage and he has some problem.While in actual truth is that wife has some lesbian character in her  personality and she was never ready to mingled as she always felt insulated while doing so.

Is it possible that i can file a case of annulled marriage or take a divorce in Indian law on the ground that marriage is not established since she had already accepted this in FIR.



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 6 Replies

Shantanu Wavhal (Worker)     13 April 2014

12. Void able marriages (1) Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.- 1[(a) that the marriage has not been consummated owing to the impotence of the respondent ; or]

mahavir singh (ADVOCACY)     13 April 2014

Yes you can file divorce on the ground that marriage has not consumated. But you have to prove this in the court. Dear if u want to take divorce why dont u adopt simple Procedure simply go for mutual divorce. For further information call mahavir singh 09910657998.

mahavir singh (ADVOCACY)     13 April 2014

Yes you can file divorce on the ground that marriage has not consumated. But you have to prove this in the court. Dear if u want to take divorce why dont u adopt simple Procedure simply go for mutual divorce. For further information call mahavir singh 09910657998.

Truth_Prevails (Software)     13 April 2014

Dear Sir,

As per my knowledge Mutual divorce can be taken only when both the parties are agree.But what if girl side need crores and crores of money  and want to linger on the case so that they can show in society that their daughter is ruined up and take a stamp of marriage for this sake.

I know our society always blames and doubt on boy for such cases for being impotent or whatever.But this is not the case in my story.It is really a case of blackmailing and cruelty.Girl side has done the conspiracy of the marriage to get the stamp of marriage for their daughter and to clinches huge amount money to give divorce.This law has become curse on society...

 

 

T. Kalaiselvan, Advocate (Advocate)     13 April 2014

You can file a regular divorce u/s 13 of HMA for non-consummation and non cohabitation of marriage for more than two years upwards, that will be the better choice instead of beating around the bush.  It is barred by limitation now for taking up the process for annulment of marriage.

ravi (Other)     14 April 2014

Hi, Can you get annulment if you come to know about wife' affairs which she had before marriage ?  But she didn't mention any of that when asked when they met before marraige.  It was an arranged marriage and the wife never mentioned about the affair.  

 

We dont know if she had s*x before marriage or not, but she had a boyfriend for 7 years (before marriage) and she was talking romantic to him even after she had commited to marriage (engagement).

 


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