• Can I file for annulment of marriage

Dear All - i got married on 30 January 2015 and till date my so called wife was staying at her hometown. she is with me in Pune for the past 3 days and our marriage is not consumated due to her refusal. she told me she is not intrested in me and she doesnt like living with me. her behaviour turns rudely day by day. i have to cook my own food and there are many petty things like she doesnt flush the wash room and many more irritating things. so i finally asked her if she wants to have a separate life by going for annulment. her answer was no as she cant face her family and relatives.
even my parents are asking me to compramise and lead the life by adjusting, things will get sorted out in future. but, am really afraid of the future and what if 1 year crosses and then i am struck to get a divorce and roam around courts. 
please give me a genuine advise.
Asked 1 year ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) you can file for annulment if marriage is not consummated due to impotency of wife 

2) in the vent you file for annulment your wife may oppose it and deny that she is impotent 

3) you would have a lengthy legal battle ahead 

4) take your wife to gynecologist and find whether she has any medical problems 

5) also  consult a psychiatrist whether she is suffering from any mental illness

6) you can file for divorce after period of 1 year on grounds of mental cruelty

7) refusal to have sex amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Section 12(1)(a) of the Hindu Marriage Act, 1955.  Said section reads
as under :­
“12. Voidable marriages. – (1) Any marriage solemnized,
whether before or after the commencement of this Act, shall be
voidable and may be annulled by a decree of nullity on any of the
following grounds, namely:-
(a) that the marriage has not been consummated owing to the
impotence of the respondent; or
(b) …...
(c) …...
(d) …...”


2) In the case of V. v. S. (supra), the Division Bench of this
Court has observed on the aspect of impotency and sterility by quoting
the passage from Modi’s Textbook on Medical Jurisprudence and
Toxicology, Twenty-first Edition. The said observations are as under :
"Impotence is defined as physical incapacity of
accomplishing the sexual act, while sterility means inability
for procreation of children. Impotence in males is the
persistent inability to develop or maintain a penile creation
sufficient to conclude coitus to orgasm and ejaculation. It
should be remembered that the term impotence or sexual
incapacity in forensic medicine connotes physical incapacity
to accomplish the sex act.
Impotence has been described in Halsbury's Laws of England
to be such a state of mental or physical condition which
makes consummation of the marriage a practical
impossibility.
An impotent individual need not necessarily be sterile, nor a
sterile individual impotent, though both conditions may
sometimes be combined in the same individual."

3) While dealing with cases of impotency the predominant
consideration   is   not   physical   incapacity   which   courts   are
often guided by, but another all important angle, namely, the
fact that non consummation of marriage, could be due to
several   circumstances   which   contribute   to   a   situation
whereby both the spouses, though physically and mentally
potent in the normal sense, find it impossible to achieve a
satisfactory   sexual   relationship.     The   concept   of   relative
impotency which prescribes that a person suffering from no
handicap whatever still feels inhibited or incompetent vis­avis
the particular sexual partner is now an accepted ground
for a decree in a matrimonial Court.”
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1 yar is no time. I would strongly recommend you to wait for one year.
Annulment on ground of non-consummation of marriage is very hard to prove and if she contests I feat that you may not prove your allegations.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Both of you may file for mutual divorce if there is a positive agreement to end the marriage amicably.

2. If the above does not materialize then you have no option but to file for annulment, in which event she may hit back by filing domestic violence and other charges against you.. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Annulments are rarely granted and when they are, very specific circumstances must exist. 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.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. 
Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

So in your case you have to prove marriage is not consummated due to your wife's refusal for sex.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hi, you can file petition for annulment of marriage as the marriage is not at all consummated, you have to file a petition with in one year of your marriage and after that you are not supposed to file a petition for annulment of marriage.

Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If you have decided to annul your marriage, yo can very well file a petition before the family court within your jurisdiction for annulment.  
You can file a petition for annulling your marriage by a decree of nullity on the ground that the marriage was not consummated owing to the impotency of the respondent because she  is reported to have not allowed you to have marital intercourse with her without any valid reason, the impotency may be roped in and let she challenge it.
If you want to give her a chance for another three months or till the time it is not yet one yer period fro the date of marriage, this situation can be saved or avoided. 
Think well before you take any decision in a hurry.
However you have a relief under 12(1)(a) of the Hindu Marriage act. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Dear Querist
first of all you have to decide that you want to live with her or not, if not then immediately file an annulment petition u/s 12 of HMA or file a contested divorce against her on the ground of cruelty u/s 13(1)(ia) of HMA.

you may take the help of the counselor or mediator and with the help of them the matter can be settled amicably.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
if you want to annul the marriage you can do it. if she contest that matter you have to face it. 

if you both take time to convince the parents and if the time lapse, you can file MCD after lapse of one year.

try speaking to her family and convince every one and go for MCD. its always good.

if you need assistance in negotiation, please let me know. 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
If you have made up your mind to break the marriage then you can surely annul the marriage. You may send her back to her parent's house and then file annulment case so that she doesn't create any hurdles. But do not take any decision in haste. 


Regds 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
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