• Nullification of marriage

My daughter is married in feb 2018.
Even after 7months marriage is not consumated due to impotency of husband.
They are saying he did not know about the impotency problem as he has no girl friend or no previous experience.
They are ready for consent if we agree it was due to non compatibility from both husband and wife.
How marriage can be nullified with mutual consent?
What can be done if they don't want to share marriage expenses.
Whether we can file cheating case for ruining my daughter's life?
How much time will it take for nullification of marriage with mutual consent & how much if they contest?
What will be lawyers fees and legal charges for mutual consent nullification?
And what charges if contested?
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

You may take mutual consent divorce after one year of marriage, there is no process of annulment by mutual consent.

Fee for mutual consent divorce will be 30-50 k.

If she wants to file a case of nullity on the ground that medical conditions were not told before, she may file the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1)you can file petition for anullment of marriage on account of impotency of husband

2) contested proceedings would take 5 years to be disposed of

3) it has to be proved that husband is impotent

4) best option is file for divorce by mutual consent on expiry of one year of marriage . it takes around 6 months

5) you can file cheating case against husband

6) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear,

- In mutual consent both girl and boy file divorce petition in court for divorce with mutual consent.

court hear both and passed order of separation in one year of filing petition.

- If they don't share expenses and you want then don't go with mutual consent.

- yes you can.

- 1 year for mutual consent

- different lawyer, different fees

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Sir Ur daughter's marriage can be nullify.. on the ground of impotency of Boy ..

1) if u go for mutual consent divorce ..u have to do settlement of marriage expenses.. other things out of the court.. and file joint petition for mutual consent divorce.. it will take 6to 7 months to get Divorce.

2) if u go for contest Divorce.. u have to file Divorce petition on the ground of impotency..

And have to submit all evidence for that..

And it will take little longer time.. depends upon court.

3) and Lawyer's fees.. for both.. mutual OR contest.. depends upon Lawyer.

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

Marriage cannot be nullified by mutual consent there has to be allegation of cheating and impotency.

The amount of alimony can be asked under hindu marriage act along with the nulity petition.

Sir cheating case though is not sustainable.as such and I would advise you to not.get into.this and further take nullification. Order so that she can restart afresh.

There is no mutual consent nullification mutual consent divorce is only there. Contested can take 2 years.

Lawyers fee depend on lawyer experience place.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

In case of mutual consent, the marriage can end in about 6 months. In case of contested case, it may take more time.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Under Hindu Marriage Act, 1955 impotency would render marriage voidable under S. 12(1)(a). Under Special Marriage Act, 1954 it makes marriage void. ... In all marriage acts, impotency can be a ground of annulment. It has to be understood that imperfect and partial intercourse is not consummation.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Mental cruelty can cause more serious injury than physical harm to married woman

Spouses owe rights and duties to each other Be getting children a principal aim of Hindu marriage.

non-consummation itself would constitute mental and physical cruelty to a married woman and would be a ground for divorce under the Hindu Marriage Act (HMA) 1955.

mental cruelty could cause even more serious injury than physical harm to the married woman.

``Under Section 13 (1) (iii) mental disorder as a ground for divorce is only where it is of such a kind and degree that the appellant cannot reasonably be expected to live with the respondent. Where the parties are young and the mental disorder is of such a type that sexual act and procreation are not possible, it may furnish a good ground for nullifying the marriage because begetting children is one of the principal aims of Hindu marriage where "sanskar" is advised for progeny and offspring.''

If want I can guide it from her, I can work for you as consultant, No need to appoint there lawyer . If you work the on my path whatsoever I guide you.. still it will successful.

You can contact me via consultation on call.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

For mutual consent divorce, it will take more one year as it cannot be filed with in one year of marriage. With the leave of court you can file divorce petition now on the ground that marriage has not been consummated owing to the impotency of the husband.

Or she should file on the ground of force marriage.

She can claim marriage expanses by filling criminal complaint of dowry demand or compensation under protection of women from domestic violence act.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Firstly your daughter needs to wait for a year before filing of petition for divorce send a legal notice seeking for mutual divorce thereafter if they do not agree file a petition for divorce on ground of cruelty and impotency. Mutual consent takes around 8months from date of filing petition contested divorce takes three to four years to be disposed off. Charges depends on lawyer you appoint. Your daughter can claim permanent alimony if they do not agree to share expenses

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

I think their reference to non-compatibility of both husband and wife refers to obtaining a Divorce by Mutual Consent. A marriage cannot be nullified on the ground of non- compatibility. Under the HMA, impotency or rather relative impotency is the ground which the facts of your case attract. You can file cheating case only if you do not intend to settle the case mutually, not otherwise. As far as marriage expenses are concerned, you can discuss your claims with the other side to see if any solution is favourable.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

1. Your daughter can file for Annulment of Marriage.

2. Annulment means, the court will declare that the marriage is invalid, null and void.

3. Inability to consummate marriage (impotent) is one of the grounds for obtaining the decree of annulment.

4. Within 1 year of the marriage, one has to file for Annulment of Marriage.

5. After obtaining favourable decree of annulment, your daughter will not be called as a divorcee and she will be treated as an unmarried girl only and she can start her life afresh.

6. Instead of annulment of marriage, if it is decided to opt for Mutual Consent Divorce, then the couple should have spent 1 year in marriage, must have lived separately for 1 year. In the instant case, the couple have spent only about 7 months in marriage.

7. But, however, if the couple decides to obtain divorce and prepared to wait till the completion of 1 year, then the couple may consider Mutual Consent Divorce, which is the best option. It makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couple can move on with their lives just after 6 months of filing for divorce. In MCD, both parties can mutually and amicably decide regarding return of articles, rightful division of finances and assets, etc.

8. Contested divorce takes more time, say 1 to 2 years.

U R Welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Non consummation of marriage is a ground for nullity of marriage.

File a peittion seeking annulment incase they are ready to admit in the Court that the marriage could not be consummated owing to the impotency of the husband. Without their admission, it would be very difficult to make out a case of impotency. Thus, in case they are not ready to admit, a better way to come out of this situation would be a mutual consent divorce, provided they are ready to compensate you for the loss caused to you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your daughter can file a petition seeking annulment of marriage for non-consummation of marriage owing to his impotency.

But this petition cannot be filed by mutual consent.

If you want to recover the marriage expenses then you may have to file a separate suit seeking to recover the same.

Cheating case is also not maintainable in this regard.

It is another regular case, the contested case may take at least two years, if the respondent choose to remain absent after receiving the summons, then it can be disposed very soon by setting him exparte and an exparte decree would be granted immediately.

\The lawyer's fee and the court fee may be enquired from the lawyer you may choose to engage.

Please remember that there is no provision for mutual consent annulment of marriage

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear Sir

It has to be filed within 1 year of marriage. Your daughter will get divorce with compensation.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Divorce can only be filed in court after completion of one year of marriage and not earlier than that.

Annulment of marriage cannot be done by way of mutual consent as a contested case can only be filed under the Hindu Marriage Act.

You also have an option filing a criminal complaint against the groom and his family under section 406 and 420 of the Indian penal code for the offence of criminal breach of trust and cheating.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Dear Sir,

The following information may kindly be read.

Your daughter can file for Annulment of Marriage. 2. Annulment means, the court will declare that the marriage is invalid, null and void. ... Instead of annulment of marriage, if it is decided to opt for Mutual Consent Divorce, then the couple should have spent 1 year in marriage, must have lived separately for 1 year

Divorce by Mutual Consent Step by Step Procedure

Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.

What Is Annulment of Marriage

In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.

Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

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).

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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