unconsummated marriage-divorce or annulment?

what is your and his age?

34 and 39. I got married late coz of educational and financial constraints..also since parents were keen on horroscope matching,it led to further delay

Ms Anony, Marriage can be annulled only on the following grounds : 1. marriage not consummated owing to the impotence of the respondent; 2. neither party at the time of marriage was capable of giving valid consent because of unsoundness of mind or if capable of giving valid consent, sufferring from mental disorder of such nature as to make him unfit for marriage or either party subjected to recurrent attacks of insanity; 3. consent of the petitioner obtained by fraud as to the nature of ceremony or material fact or circumstances concerning respondent; 4. Respondent was at the time of marriage pregnant from some other person.  I think that your case does not fit in the above.  If you have decided to dissolve your marriage you will have to file petition for divorce on the ground of cruelty.  You can file the petition at the place where you reside at the moment, where your husband resides at the moment, the place at which your marriage got solemnised, or at the place where you last resided as husband and wife. At the most the proceedings will take time of one year from the date of filing of petition.  Which religion do you and your husband profess?  Under which law you got married?  Was it registered?  Was your marriage consummated?  If your husband changes his mind are you interested in restoring relationship with him?  Request to kindly answer.  ddkharpudikar@indiatimes.com

Thanks a ton Adv. Deepak Sir for the valuable info..as regards your questions,well,both of us are Hindu and got married as per the traditional vaidik paddhati..it is'nt registered as yet and not consummated too..I m by no means interested in restoring the relationship coz of his whimsical and doubting nature,and above all, the extreme callousness he has shown till date..Both his paranoid nature and the egotistic attitude are the things i cant just handle(I earned more than him,gelled with his family members and friends in no time, this probably hurt his ego)

Where he resides and where u reside currently.

U can file where u reside. but first talk to him, he will definetly go for divorce mutually.

But think again, you can first file applicaion before women cell they will try to reconsile the marriage. Else you can file DVA applicaiton also to reside in his house. It is your right. Think again and let us know the information to guide further.

adv.kamal.grover@gmail.com