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Navaneetha Krishnan (engineer)     30 November 2013

Need suggestions

Dear Experts,

                           Mine was a unconsummated marriage of 10 months and wife deserted within 2 months of marriage.At this moment lets say both the parties decided to end the marriage.While i understand MCD is the best possible way of this legal tangle,many of the lawyers are suggesting the option of filing annulment saying marriage not consummated as  marriage was done forcefully without consent of one of the respondent and either other party had to simply agree to it or need not appear in the court so that they can get exparte decree.Now following are my questions

1)Will the court easily gets convinced if the other party simply agrees for forced marriage and marriage non consummation due to that or they will ask strong proofs for the same.

2)If Yes to above How much time does it take to get the marriage annulled from the date of filling petition.

3)If the opposite party is filing petition and suppose we dont appear in court they get the exparte decree will t here be any issues of it in the future based on that .Also do we get a annulment decree in our hand for that case.How much time does it take for getting the exparte decree in this situation.

4)If No to all the above is there a way to include 'Non consummation of marriage' while obtaining Mutual consent divorce while i am aware that 'No compatability be the reason' mentioned.The reason for asking this would be if 'unconsummation' is mentioned in the decree it would be helpful for future alliances.

Thanks for yours opinions/suggestions in advance

 



Learning

 6 Replies

Navaneetha Krishnan (engineer)     30 November 2013

I forgot to include one more query

5)On filing annulment in such case if the court did not agree can the same be converted to MCD petition after completion of 1 year i.e in another 2 months time

Thanks

Navaneetha Krishnan (engineer)     30 November 2013

Experts pls reply....

Dr. Jyothi Vishwanath (Associate Professor of Law)     30 November 2013

Why dont you talk to you wife and ask what is convenient to both of you. Whether it is non-consummation of marriage or mutual divorce. File the one which is not disagreed by either of you.

As far as future marriage is concerned, even if marriage is annulled on the basis of non-consummation or dissolved by a decree of divorce, matters remain same. You have to convince the future partner regarding this. 

Pooja Hegde R. (Advocate)     30 November 2013

If you got married or last resided in Karnataka after marriage or are permanently settled in Karnataka then you can call me or my firm on 8892562298. If outside then I can only provide legal advisory services. Also, stop trying to be a lawyer and entrust your situation to a lawyer.

T. Kalaiselvan, Advocate (Advocate)     01 December 2013

Non-consummation of marriage may be due to many reasons including impotency, why to leave someone to become suspicious of the circumstance of divorce by reading the word called non-consummation of marriage and get confused about proceeding with the plans.  If your marriage was not consummated due to your spouse's refusal to cohabit and she deserted you, the best option available with you is to go for annulling your marriage, provided one year period has not elapsed from the date of such knowledge.

Pooja Hegde R. (Advocate)     01 December 2013

Agree with Adv. Kalaiselvanji. Would like to add that you need to think of your interests too. Annullment means no alimony.

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