Void a marriage

On the ground of force, fraud or nonconsumation due to impotency marriage can be nullified. But court will see whether both parties are not colluding each other to get the annulment decree.  So, engage a good advocate.

nullity by consent does not exist.

divorce can be obtained by consent.

u are a married lady.

to get out of this marriage, u must get divorce and nothing less than divorce.

ur wish is NOT important now.

after divorce, ur marital status will be DIVORCEE only.

Life has only performance no rehearsal buddy.

You did it your own now you want erase. It is permanent marker not pencil writing....may u get false certificate...but as hart you will be second-hand.

may god bless you

Divorce by mutual consent is well advised for your both safety in the long run.

You have mentioned that, you have registered your marriage much before you had a customary marriage and you started living with your husband. In such a case, you cannot file a petition for nullity of marriage, as to file such petition it must be done within one year of the marriage. As per your query, you have been married for more than 1 year and 6 months (1 year separate since the day of registering the marriage and 6 months of customary marriage). Under these circumstances, you have to apply for divorce only. However, your pain can be less, if you both file a mutual consent divorce petition.

I absolutely agree with Adv. Vandana Vaidya.  If you do not want to go for MCD and  even then you insist for annulment of marriage, that too to file one year after the solemnization of marriage by getting round 1 year limitation period mentioned in Section 12 (1)(c), by contacting a good advocate, you can find a solution.  Nothing more for me to add. 

dont try to find shortcuts.

dont aggravate ur situation by urself.

follow the laws of land

You have been advised well:-

• marriage was fully/complete and binding on both parites.
• you have not disclosed if any of you was minor at the time of marriage.
• non-consumnation makes the marriage incomete in case of muslims only and not in your case.
• you cannot have nullity of marriage even if you both want
• you can have contested/mutual divorce
• mutual divorce is less painful.

connect

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103459&offset=1

From your post it is understood that your actual took place very well ahead of a year back and it is more than 6 months after the formal solemnisation of rituals. However, at this belated stage not only an application for annulment of marriage is barred by limitation, but also you do not have any proper grounds for annulment of marriage as is required by law. Since your husband has offered to divorce you and also you are ready to go ahead with it, it is better to utilise the chance and file a divorce under mutual consent which will happen in six months period.  Do not be misguided by annulment etc.

As per Sec. 12 (1) (a) of Hindu Marraige Act, 1955 (Non consumation due to impotency)  there is no such time limit that the petition should be presented within one year.  But in Sarla Bai Vs. Kamla Singh AIR 1991 MP 358 it was held that A petition for annulment of voidable marraige after long period, say either years, is barred by time. 

@ Mr Ravinder P

I believe that the querist has not alleged impotancy.  I will be delighted if you could please correct me if I am wrong.

never matter Sudhir  Kumar sir ... for some there is no difference between interpole and interpol .. they can say anything

@ Mr. Sudhir Kumar.

I will clarify you.  In the query the author is asking to nullify the marriage somehow and she do not want to get the stamp of divorcee, hence I have suggested the way to nullify. I am furnishing the query of the author as it is for your perusal.Kindly see the bold letters.

“I am 25 years old girl. i used to love a guy and hence got marriage with him 1.5 years back. we did a registered marriage as it was an intercaste marriage and my parents were against it. after the marriage we were staying at our respective places(at our parents place). we did not disclose our marriage.

after a year somehow we were able to convince my parents and then a big marriage ceremony happened according to our customs.

from day one his mom tortured me.  even he hit me 4-5 times that too very cruelly. after 5 months, i came back to my moms place and staying here since a month now.

he is ready to give me divorce and even i want the same. i want to know if we can nullify this marriage somehow.

i dont want to get the stamp of a divorcee hence i wud like to void this marriage. is that possible?

please suggest”.