• Annulment of marriage under specialmarriages act

My wife has deserted me since 13 years. Shed had left my son with me till he was 12 years old and then she took him away. Now she is not in touch with me at all since the last five years. She is not answering my calls, not replying to my mails and she has allowed me to speak to my son for the past five years. I do not even know where they live. I want to now get married again and want to know what to do.
I will be grateful for guidance.
Asked 8 years ago in Family Law
Religion: Muslim

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6 Answers

You can divorce your wife on grounds of cruelty and desertion under section 27 of special marriage act

2) wife refusing to stay with husband amounts to mental cruelty

3)contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99844 Answers
8148 Consultations

Sir, if a wife leave her husband and start leaving Seprately without any justified reason , then the husband can file divorce on the grounds of desertion ..file a divorce petition and if she do not appear , you will be granted a ex- parte divorce .. Then you can marry again..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Since it is a long time since there is no contact it is imperative that you take the next step.

2. This is a fit case where you can file divorce suit on the ground of desertion and mental cruelty.

3.If she is not interested to fight the case which is most likely then you will get decree of divorce very shortly.

4.If your marriage was consummated then file suit for divorce and not suit for nullity.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

To get married again you require a decree of divorce from the court. So if she is untraceable then file a petition for divorce on the ground of cruelty and desertion. The court will grant you ex parte decree if she could not be served summons or if she does not appear despite service of summons.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

this shall not be a case of anulment. Following are the grounds of anulment:

Grounds for Annulment

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:

1) Either spouse was already married to someone else at the time of the marriage in question;

2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);

3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;

4) Either spouse was mentally incompetent at the time of the marriage;

5) If the consent to the marriage was based on fraud or force;

6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;

7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.

8) Prisoners sentenced to a term of life imprisonment may not marry.

9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease).

You can file a divorce case on the ground of dissertion

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If she has left your company for more than two years and is not willing to return then it can be termed as desertion.

The provisions of section 27(1)(b) of the special marriage act, which is given below may be invoked while filing a petition for divorce:

has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition

T Kalaiselvan
Advocate, Vellore
90044 Answers
2498 Consultations

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