Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

If you have been forced to marry File for anullment of marriage on grounds of coercion

2) take the plea that you were forced to marry your husband against your wishes

3) in alternative if marriage has not been consummated file petition for anullment on grounds of impotency y of your husband

In alternative file for divorce by mutual consent on expiry of one year of marriage

Mention that you have been staying separate forperiod of one year after marriage

File petition for anullment of marriage on grounds of impotency of husband

2) if your husband does not contest the anullment proceedings court would pass orders in your favour after considering evidence on record

you can be married any way the separation goes via court only.

You have to wait for completion of one year and six month separation before you file a petition for the divorce.

Any other method is illegal and the other party can take benefit at any time when he wants

1) If you both want to be separated than no issue. The reason you can put he is alcoholic and before marriage he was telling that he never ever touch to any drinks etc etc.

I have come across many cases like this. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation.

Marriage in Hindu Law is treated as a sacrament but it happens sometimes that a marriage is nulled due to some reasonable causes. Annulment of marriage is a legal procedure which is meant to declare a marriage null or void. A marriage is declared null or void if certain legal requirements were not fulfilled at the time of marriage due to any reasons. The marriage is considered never existed in the eyes of law in the absence of the fulfillment of certain legal requirements for making a marriage certified. This procedure is called annulment of marriage. It is different from divorce. Whereas divorce dissolves a marriage that was existed, annulment disqualifies a marriage that was never existed at all.

There are specific grounds of annulment of marriage which can vary sometimes, but are generally limited to deceit, blood relationship, bigamy and mental ineptitude as mentioned below:

• Either spouse was already married when the marriage took place;

• Either spouse was not at an age of marriage as per law;

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

• Either spouse was mentally retarded or ill at the time of the marriage;

• If the marriage was consented consent on the basis of any fraud or force;

• Either spouse was physically incompetent to be married;

• If the marriage is proscribed by law due to the relationship between both;

• Criminals who have already sentenced to a term of life imprisonment may not marry.

• In the case of Concealment of an important fact (e.g. one of the parties concealed previous criminal record, drug addiction or a sexually transmitted disease)

To putting in simple words, annulment of marriage is a way of putting an end a never-existed matrimonial bond that is not valid due to one or many of above-mentioned reasons.

Better would be to have a detailed discussion to figure out which ground can give you 100% result.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Answerd by Adv kavery Anand Bangalore.. dear client.. on the ground of Adultery..ask Ur husband to give some solid evidence of adultery of u .. and help Ur husband to prove that in the court.. that's it..

If u go for impotency.. then court may ask for medical test..

Pl give RATING and feedback for appreciation

For making your marriage null and void , you should approach the court , otherwise out of the court annulment has no value in the eye of law.

Since, you both are ready to end the relation permanently , then there is no problem to get a separation from the court

- Under Section 13-B of the Hindu Marriage Act, you can get divorce by mutual consent by filing a petition before the court.

- Mutual consent means that both the parties agree for peaceful separation.

- But you both will have wait for at least one year from the date of marriage as per requirement under this act. This means that you both have to show that both of you are living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation you both are not able to live together as husband and wife.

- Within a short period of time you will get separation order from the court of law.

Otherwise, if choose to declare the marriage null and void from the court , the proceeding will take much time to reach its conclusion.

Best of luck

Hi,

It's suggested that you approach permanent lok adalat for annulment or hasslefree divorce. It can be done without even information to anyone.

Dear Client,

There is nothing called annulment of marriage in Hindu Law. You can only get a divorce decree and the easiest and fastest way to get divorce is thru mutual consent. No other way out.

Adv Vikas

Hi

Annulment of marriage will some time. Ground is not an issue here as per your description , the issue is quick solution.

Also annulment of marriage would be a long and detailed process.

Go for mutual consent divorce after completion of 1 year of your marriage. Now a days mutual consent divorce hardly takes 20 days for divorce decree.

Thank You

Mam a divorce on ground of fraud and force for the consent of marriage can be taken that the boy has concealed the information before marrying you and know you came to know about the same. Further the husband can receive the notice and can absent himself from the court and you can take a ex-parte order from the court.

Any fact related to boy that can be contested in the court on ground that he has cheated on same.

Mam a medical report regarding impotency if can be obtained then same can be ground otherwise the cheating and fraud ground, can be contested.

1. Annulment petition can be filed only if the grounds mentioned in law are attracted to the facts of the case, It can be filed if the marriage has not been consummated on the ground of impotency of the respondent spouse or if the consent of the petitioner has been obtained through suppression of material facts, which will have to be proved.

2. There are no guarantees of the outcome of a court proceeding. So do not expect anything in black and white.

3. Furthermore, if the court finds out that the petition has been filed in collusion then it can dismiss it even after ex parte proceedings are initiated.

Consult a lawyer personally. You are not without a remedy.

Then ask him to file a case of annulment levelling false allegation of either cheating fraud or refusal or incompetent of consummation of marriage you can accept same or can accept the notice or can absent from proceeding he will get an decree.

We do not advise you to make any false statements on oath

If marriage has been consummated you cannot take plea of impotency

Your petition in the court before one year after marriage cannot be entertained in normal circumstances any petition can only be entertained in the court of family when there is a special permission by the court in that regard you have no choice to go to the court before 1 year in any case

Dear client,

since your marriage is registered “marriage it can only be anulled by the way of a decree of divorce. there is no other way out however it may be noted that nowadays as per the Supreme Court rulings divorce through mutual consent is granted within a couple of months.

Adv vikas

hello

you married this guy 5 months back, the marriage has been consummated. you don't want to go for MCD. the husband does not want to take the blame for the separation. the only remedy you have is a contested divorce. you will have to show that there was some material fact which the husband did not reveal which has affected your marriage and therefore, you are for divorce.you cannot show that you are incapable of having sex and demand divorce. the husband ought to file this petition stating this fact otherwise if the court knows that you both are in collusion it will impose costs.

therefore file a case and tell your husband not to oppose the divorce on grounds of incompatibility of temperament.

regards

without any valid reason you cannot file any petition seeking annulment of marriage.

An annulment of marriage can be sought only for some specific reasons namely:

Although the grounds for seeking an annulment differ, as can factors that may disqualify a person for an annulment, common grounds for annulment include the following:

Marriage between close relatives. ...

Mental incapacity. ...

Underage marriage. ...

Duress. ...

Fraud. ...

Bigamy.

You can see if any of the above suits you for filing the annulment petition and then proceed.

Please let me know if you need further details on the case.

Are you both living together after marriage?

Whether the marriage was consummated or not?

Whether there was any force on you to accept this marriage.

But please suggest me what ground should be chosen that can be proved also and can give 100% result of making this marriage null and void.

We both don''t want anything else.

If the marriage was not consummated and he is reported to be impotent you can file a petition seeking annulment of marriage on that grounds, provided he is not contesting the case in the court and is ready to accept your allegations or remains absent after receiving the summons in this case so that you can get exparte decree nullifying your marriage

I can't wait to wait for 1 year.

Marriage has been consummated also. Is there any way to prove that t has not been on grounds of me being impotent. I am ready to take blame.

He will not agree to take blame for forcing this marriage on me.

What else I can do. Please help. as i am in a very miserable condition because of my deeds.

If that is the case he can file a petition stating that the marriage was not consummated owing to your impotency.

In that case you must accept that you are impotent and would like to submit to the decree as prayed for by him seeking annulment of marriage.

You can discuss with him and a local lawyer and then proceed as per the further advises or suggestions received.

Dear Client,

You know marriage is consummated but not the court, on this ground that marriage has not been consummated owing to the wilful refusal of you or guy it shall be annulled.

Or get some pregnancy report, got pregnant by third person while in marriage.

Impotency another ground but court will seek medical report.