• How to get marriage annulled

sir
I got married on 12th Feb 2015.
I never wanted to marry this girl but my parents forced me to do so by emotional blackmailing and also m nt employed yet nd not financialy independent they forced me on those grounds also.
I told evrything to the girl but instead of understanding she also emotionaly blackmailed me of suicide as she was also forced by her parents to get married becoz of family reputation.
but I m not able to live with her. she also said she will help me in getting out if it and if I want I can get out of the marriage.
our marriage is not yet consumated as I m not able to see her in that way and not getting any sort of excitement for her and dun evn get errection for her.
sir plz tell me what all ways do I have.
what is the proper way of getting anulment in thi case. as her parents will still not allow her to get our marriage annuled.
Asked 1 year ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
Hello,
1) It is barely a month since you are married.

2) You both are adults capable of making your independent decisions. Therefore you can not take the stand that you were coerced into a marriage.

3) You can not seek annulment of marriage at this stage.

4) You both can file for a mutually consented divorce. However you need to wait for one year from the day of marriage to do so as there need be a separation for 1 year to file for divorce in this manner.

5) In the meantime give your marriage sometime and see if it can work out as you both are facing similar problems.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) under section 12 of HMA your wife can file petition for annulment of marriage on ground that marriage has not been consummated owing to impotency of the respondent . 

2)  If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have sexual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit.

3) it is your case that you are unable to achieve erection . 

4) if wife files for annulment and you have no objection and admit that you are impotent marriage can be annulled
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) in your case you have been been married for less than a month 

2) your parents are your well wishers . 

3) visit  a family counselor and try to make your marriage work 

4) once your marriage is annulled on account of impotency you will find it difficult to remarry . 

5) no father will give his daughter in marriage to a man who is impotent as per court records
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Since its barely a month of your marriage, you cannot file for divorce. If you are claiming that there is no consummation of marriage between you and her, then she will have to file for annulment of marriage on that ground owing to your impotency. Such impotency certificate is to be submitted along with the application for annulment of marriage. You would have to get your impotency certificate after a series of tests. 

It is advisable for both of you to visit a Marriage counsellor and try to save this marriage. If nothing works out then you would have to wait for a year before both of you could mutually file for consented divorce.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,

1) Non consummation of marriage is not a valid ground in your case as your marriage is hardly  a month old.

2) If you want to get the marriage annulled accepting impotency the choice and risk  would be yours.

3) As I posted earlier visit a marriage counselor and see if you can take this marriage further.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Your ground for seeking annulment is not legally acceptable,

2. There is no ground for you now to seek for the decree of divorce,

3. You are an adult and can not pass blame on your father for your said marriage,

4. If she also agrees, you can filr a petition for MCD for which you shall have to wait for one year and till then she should stay seperately from you.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Your wife can seek annulment of marriage on the ground of your impotency,

2. The Court may order medical report in connection with her claim of your impotency,

3. Nonconsumation of marriage for your not liking her is no ground for seeking decree for annulment of marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You cannot seek annulment or divorce. 

2. You are an adult who could have said no to your parents when they insisted that you marry against your wish. If you were being forced to marry this girl then you could have availed your legal remedies to escape the forced marriage, which you did not do. 

3. Now after the solemnization of marriage you cannot legally seek its annulment on the ground that it was a forced marriage. 

4. You and your wife can file for mutual divorce if there is an agreement between both of you to this effect.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. To quote you ''I m not able to see her in that way and not getting any sort of excitement for her and dun evn get errection for her. 

2. You have not made an attempt to consummate the marriage. So you cannot seek divorce on this ground.

3. As mentioned earlier, file for mutual divorce. It will be hassle free.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi, you have two options 1st you have to approach the family court for annulment of marriage under section 12 of the Hindu Marriage act as the marriage is not consummated.

Secondly, you have to wait for 1 year and thereafter file a petition for divorce by mutual consent as your wife is willing to co-operate in the divorce proceedings.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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