Annulment alternative to mcd

@ Querist,

If you have ample of evidences regarding your non-consumation of marriage that has been due to the cause of respondent ,like :

1. Impotence

2. Fraudulent/coierce/force which has been known to the petitioner and that has caused non-cohabitation.

3. Willingly not made the other party to consummate.

all the above factor's need to be prooved beyond any doubt to make this marriage annuled on the very cause of Non-Consumation.

If the respondent is not ready to accept his/her falut and give MCD,If the petitioner has such material facts and circumstances where he/she can plead strongly then in my opinion he/she has to proceed for annulment of marriage.

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If both parties are ready to part away amicably after the known facts and the girl side has no issue on unchastity and alimony matter then it's better to go ahead with MCD rather than indulging in rigorous efforts.

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regards.

MCD and annulment - both r granted on distinct grounds 

these 2 are not options - either-ors

1.    If both parties wants to end their marriage amicably in reference to context then MCD is the only option left otherwise donot use adjective ‘amicably’ in brief!

2.    To use this option in context parties have to wait for 1 year of marriage to complete.

3.    Just use word ‘parties were incompatible during their subsisting marital phase’, ‘parties have settled their issues amicably’ and ‘mutually agreed to part their ways amicably’ along with other statutory facts and contents of a petition as per State HC Rules.

4.    Court will cause upon enquiry and same statement under Oath parties can give and decree in MCD is granted following due process of Law. This is when parties donot wish to use ‘unconsummated’ used anywhere in MCD petition.

Observation:
(Family) Law is not tailor made used as per parties own convenience. 

Well the point is the girl's Parents never wants to have a divorcee status for a marriage that is such short lived and never consummated and the boy and girl never lived as husband and wife.Even the guy's parents would not wants to have a divorcee status in such case.I dont understand why its so tough for a marriage to be annulled that is never consummated be it for any reasons.Kindly advise the easiest option to part amicably using the annulment option.I know annulment is like contested case but some ppl advise that one party files annulment on the basis of non consummation of marriage and if we can mention something like partial impotency as they dont like mentally each other and if other party accepts everything in the court  will get the annulment decree sooner.

As per section12(1)(a), any marriage solemnised under Hindu marriage act may be annulled by a decree of nullity if the marriage has not been consummated owing to the impotence of the respondent.  A MCD will be an alternative relief if impotency is not preferred to be recorded in the decree but in MCD, conditions may be incorporated about the exchange of items, alimony or one time settlement etc to avoid monetary related criminal actions in the later stage.

Non consummation is not a ground by itself but if it is supported by impotence then it becomes a ground for annulment.

You marriage is annulled i.e nullified and you are a divorcee in the other case

Regards

Chetan(dot)7679(at)gmail(dot)com

Hmm well the lawyers whom i spoke to are telling the same.i.e not to think of divorce before 1 year and annulment is very difficult to prove unless and until we have a strong proof supported by medical documents.

Dear Experts,

                           One of the lawyer that i met recently suggested that one party could file Annulment as 'Married not consummated since the marriage was done by force' and if other party did not attend the court proceedings they would get exparte and it would be good for both.Could some one advise if not attending the court proceedings is a good thing in future or it will cause repurcursions...