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rajeshjaiswal   30 March 2015

Marriage annulment

Hi,

Pls suggest me How can i file marraige annulment case on the ground of non-Consumtion.

Date of Marrige:28-4-2013



Learning

 3 Replies

saravanan s (legal advisor)     30 March 2015

non consummation of marriage can be used as a ground for annulment and declaring marriage to be void u/s 11 hma. But you need to prove that she is impotent which is difficult

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 March 2015

A petition has to be filed in family courts  at where the party resides.

Saurabh..V (Law Consultant)     31 March 2015

@Author

 

It is maintainable under S.12 of HMA (1955) as Voidable Marriage. And as the literal meaning of voidable, you have to prove it and then get the relief.

 

You have to have a strong base and proofs to show why consummation did not took place. If the proofs are good, you have a good chance of winning.

 

Please note, reluctant on part of spouse (without any valid reason) to not to consummate, is also covered under S.12 HMA.

 

All the best!

 

//peace

/Saurabh..V


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