Santosh Redij (Operation Manager) 12 August 2013

Null and void

i have one of my friend who got married in the month of may 2013 against her will at kolkata in the court

after her marriage she immediately came back to mumbai on that day itself. Her husband stays in norway and was trying for her visa. In the meantime while getting details my friend was not cooperative hence the guy got wild and threaten my friend with divorce. My friend also is not interested in going with him as he had laid out conditions like sharing the home loan he has taken with her without her permission.

Can this marriage be considered null and void as there was no consummation of marriage.

If yes what is the procedure.

Or is she suppose to wait for a year and file for divorce.

Under special marriage act section 25 clause d i suppose there is a condition that says if there is no consummation then the marriage is considered null and void.

My point of contention is if it is there for special marriage act then why not in hindu marriage act?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 12 August 2013

To make divorce easier under the Hindu Marriage Act and the Special Marriage Act, the Union Cabinet cleared amendments for introduction of ‘irretrievable breakdown of marriage' as an additional ground. The amendment will enable either the husband or wife to seek divorce on this ground.new Bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or wilfully avoids the court to keep the divorce proceedings inconclusive.”

Santosh Redij (Operation Manager) 12 August 2013

Sir thanks for your response but what can my friend do now.

Is she suppose to wait for a year and then file for divorce because even her so called husband is willing to give divorce its mutual consent

or can she file for divorce rightaway instead of waiting for a year.

If there is no consummation then there should be something in the law for her to get rid of this mess quickly.

adv.raghavan (Advocate,9444674980) 12 August 2013

i am not able to make out anything out of your statment, you say first she got marriage without her consent in kolkotta, then u say she a husband in norway and she is trying for her visa,,how come she got married twice. second thing u didnot inform me, is she hindu or non hindu? then u go on to say he threatened her with divorce,why should he threaten her, if she so obsessed with him only he can threaten her. kindly clarify ,donot give us half information and seek advice.

Santosh Redij (Operation Manager) 12 August 2013

sir i am sorry for the ambiguity, let me make it more clear step by step

- My friend was forced by her parents to marry a guy from norway in kolkata.

- Her marriage took place in Kolkata this may 2013 in the court. ( as she was driven emotionally)

- she returned to mumbai immediately after her marriage.

- The guy started contacting her for visa details.

- since she did not respond to her properly the guy threatened her with divorce.

- She herself was not ready for the marriage as she is in love with someone else.

- Hence she is ready for a divorce and even that guy is ready for a divorce. Now both of them are in a hurry to get rid of each other.

Now my question is

- Since there was no consummation after marriage can she file for divorce immediately or she has to wait for a year of separation and then file for divorce?