• Annulment of marriage on basis of non-consummation

Q1 My marriage was in May 2018 and we are living separated since June 2018. She filed all the cases like 498 and 125 in sep 2018. Please advise if we can file for annulment of marriage on basis of consumantion. How much will be ur fees ? Kindly note this is not divorce but requesting for annulment.

Q2 Since I am overseas I want to handover my power of attorney to my lawyer. Is it mandatory to mention actual address and salary details in it ?
Asked 6 years ago in Family Law
Religion: Hindu

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23 Answers

See annulment can be filed only when the ground of non consummation of marriage is due to some physical issue that is Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage. In man that is impotence. Otherwise if there is wilfully no intercourse then the divorce is only solution. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) legal fees vary depending upon lawyer engaged by you 

 

2)you can file for anullment of marriage on grounds of impotency of wife

 

3) Non-consummation due to “mere refusal” or “wilful refusal” to engage in sexual intercourse is not sufficient.”

 

4) you have to prove wife is impotent 

 

5) in petition filed by you address has to be mentioned 

 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You can file for annulment of marriage on grounds of non-consummation due to the impotency of your wife.

You would also need irrefutable documentary evidence to prove your claim before the court.

Annulment cannot be granted until and unless you have evidence to show that the marriage cannot be consummated due to some medical condition of your wife, and not otherwise.

Fees depends from lawyer to lawyer.

Also, where have the cases been filed by your wife?

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Annulment is possible on the basis of non consummation due to either party is impotent,

If it is so, yes, petition for declaring marriage annul can be filed, 

But if both parties are able to perform consummation,  then you have to go for divorce based on the mutual consent 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

 

- Grounds for Annulment as per HMA 1955 are as stated below -:

Following are the grounds for annulment- 

1. Inability to consummate the marriage- If either of the spouse is chronically unable to have sexual intercourse or is impotent. 

2. Incapable of giving Consent- If either of the spouse was incapable of giving consent at the time of the marriage. 

3. Mental Disorder- If either of the spouse was suffering from a mental disorder at the time of marriage owing to which he or she cannot be considered fit for marriage or procreate children. 

4. Insanity or epilepsy- If either of the spouses suffered from recurrent attacks of insanity or epilepsy then its serves as a ground for getting annulment. 

5. Under the legal marriage age-  In India, the legal age of marriage for males is 21 years and for females is 18 years. If either of the spouse is under this age then annulment can be sought. 

- Though you are interested to file the petition on ground of Consummation, the burden of proof lies on you to prove that other party is incapable.

- Further guidance can be discussed and advise can be shared once have indepth case understanding. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

You need to discuss the entire case details with me while you take a telephonic consultation through kaanoon.  I will certainly assist you in the annulment after going through your case details

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Ground of non consummation available after one year and Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty.

Non consummation not ground of annulment but divorce.

Poa not to lawyer but Vakalatnama. Address and salary details if order orders. Otherwise local address is enough.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

Yes, India law does provide for Annulment as an option. Annulment is a legal procedure for undoing a marriage by declaring it null and void. The main difference between annulment and divorce is that an annulment says that the marriage never really happened.

Conditions for Annulment

A marriage is considered to be a void marriage:

  • If either you or your spouse was married to another person at the time of getting married to you
  • If you or your spouse was suffering from a serious mental illness
  • If you or your spouse was below the minimum age (18 for women and 21 for men)
  • If your spouse was a close relative (within the prohibited degrees of relationship)
  • If either you or your spouse is impotent at the time of marriage and when the case is presented to the Court
  • If either you or your spouse refuses to complete the union of a marriage by the first marital sexual intercourse (consummate the marriage)
  • If one of the spouses was at the time of the marriage pregnant by some other person other than the spouse. In these cases, the Court has to make sure that the allegations are true
  • If the consent of either of the spouses to the marriage were obtained by fraud or coercion

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.

 The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

if u have strong reason that there was unavoidable circumstance so u cannot file for annulment within one year. Usually petition for Annulment of marriage has to be filed within one year of marriage. Annulments are rarely granted and mostly in case of bigamy or when either of the couple is below the legal age. 

Fees depend on seniority of lawyer. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. There should be acceptable ground for seeking annulment of marriage. Was she incapable or not interested to consumate for some psychological?  If yes, then you can file an annulment petition on the ground that your consent for marriage was obtained by suppressing the vital information that she is incapable or unwilling to establish physical ralationship and had this vital infoamation was made known to you, consent for the marriage would not have been given by you.

 

2. For filing the application, you shall have to be present in India. It is mandatory to mention your Indian and also overseas address in your plaint. It is not necessary to mention your salary.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can file for divorce now.

You do have to be physically present in India on the court dates. 

Your examination can also be done by way of using video conferencing facilities.

Vakalatnama need not be attested or notorized. Simple signature suffices.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. You can send power of attorney to file divorce on your behalf you don't have to be personally present for divorce.

2. See you can send your power of attorney to relative he will sign vakaltnama on your behalf.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

 

- POA can work for the presentation of your case. However, at the time of final arguments, you shall have to be present at court for your evidence.

- Secondly, as shared earlier shared grounds by you doesn't fit for annulment of  marriage

- Vakalatnama is only required to be signed. However, petition has to be signed along with notarized affidavit have to be submitted by your POA.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

you have to remain physically present for filing divorce case 

 

2) you c execute POA  in favour of family member to attend case on your behalf but your presence would be necessary during trial 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Dear Sir,

Yes, you can file divorce case from overseas by submitted power of attorney.

Depending upon the state and HC, you may be able to file your divorce through PoA.

If you file through PoA, you may still need to come for Evidence, if certain facts are in your knowledge alone.

For filing - your presence is not necessary. You need to appear twice once for the first motion and ther after after six months. In some states courts have been allowing appearance through power of attorney.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1) You have to hire UP lawyer otherwise if your wife is ready to mutual consent divorce on your terms and conditions written that would also fine.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You need to give power of attorney and file the case.  Your lawyer will proceed. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can file an annulment petition if your marriage has not been consummated owing to impotence of your spouse.

The lawyer fee can be asked from the lawyer who you may try to engage.

Whether you are in overseas or in India, you are require to give your address with address proof.

You cannot give power of attorney deed to your lawyer.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You can file a divorce case on the same grounds.

You can give power of attorney deed to any close relatives in India.

You can get the Power of attorney deed attested by a notary in your country of residence.

You can conduct your divorce case through your power of attorney agent itself.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

you can file divorce case by submitting POA

no need to remain present physically, sometimes/some court ask a party to remain present at the time of evidence, clarify the same from one local lawyer,

vakalatnama need to be attested through the embassy. 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You can execute POA in favor of any relative/friend. He/she will file divorce and will sign vakalatnama on your behalf.

Mere signature on vakalatnama.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear sir

There is no clause in Hindi marriage act for annulment of marriage on basis of non consummation but an inability or an intentional refusal to consummate the marriage is probable grounds for annulment. 

But you can file divorce on basis of non consummation after one year of marriage and it would be easy for you to get divorce. And Vakalatnama with your signatures would be enough.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that the period of one user of separation has been over and now you can/ willing to file the divorce petition.
  2. Yes, you can authorise your lawyer to contest the case on your behalf over the vakalatnama and one person as your POA in affidavit along with the original POA to appear on your behalf.
  3. Affidavit, POA and Vakalatanama will have to be signed and attested from the Indian embassy therein in your present place of residence.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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