Ganesh (IT) 20 July 2013

Changing from nullity to divorce for getting mainenance

I was married on Jan 2011 and subjected to torture, abuse and non cooperation for consummation from my wife.

Within 6 months of the marriage, we both applied for nullity on the grounds of non consummation of marriage. The girl's side tend to stretch the case for getting money. When we fight for Nullity, I guess there is no settlement.

At this time, the girl's side is trying to change the case as Divorce inorder to get maintenance.Can this be possible ?

At the first petition, the girl confirmed non-consummation of the marriage and filed within 6 months of marriage date. Is is possible to modify the case now ? after 2 years from the first filing ?

Please advise.

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2 Replies

PARUL (Lawyer) 20 July 2013

Yes, she can still change the case & file for divorce. Is any other case also filed against you ? Like 498 or 125 ?

Ganesh (IT) 20 July 2013

The Petition filed by Girl's side - Section 12(1)(c) and S25.

The petition filed by me - Section 12(1)(c)

At my first filing, I have given only the sole reasons as follows and did not explain any events happened in particular : Cruelty, Mental Torture and Non-cooperation.

The exact words for non-consummation in my petition has been referred as "She never co-operated for marital obligation due to impotency of the respondent(girl)".

Please advise.