• Annulment of marriage

My wife does not want to live wid me 
I want to go for divorce can i go for annulment divorce
It has mediation process
If i want to sit in mediation 
She has to sit compulsory
Bzoz i want to get free quickly
Its been 9 months of marriage and she has not come home single day
We did marriage in arya samaj

How much fees is for annulment divorce
How much time it takes for divorce
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

If it has been passed 9 months than only 3 months are remaining in your hand to go for nullity of marriage.

 

Lawyers fees will be including filing the cases in the court from 18k to 75k. Depending upon lawyer's.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

best option is to file for divorce by mutual consent on expiry of one year of marriage 

 

2) mutual consent divorce takes 6 months 

 

3) contested divorce cases take 5 years to be disposed of 

 

4) merely because wife does not want to stay with you is not ground for anullment of marriage 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

Annulment cannot be taken on all grounds. There are limited grounds of annulment. The marriage should be based on fraud, false information, impotency, forcibly etc. You can file for mutual consent divorce if you want after showing 1 year separation. 

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

  1. For Annulment of marriage, one of the following conditions has to be satisfied:-

((a) Bigamy : Already married to another person at the time of marriage.

(b) Forced Consent: Threatened or under duress.

(c) Fraud: Lies or misrepresentation.

(d) Marriage prohibited by law: Family relationship is considered incestuous.

(e) Mental illness.

(f). Mental incapacity.

(g)  Inability to consummate marriage.

(h). Underage marriage.

        OR

Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5.  If you opt for contested divorce, then any one of the conditions have to be satisfied:-

(a)  After marriage, voluntary sexual intercourse with any person other than his/her spouse

                       OR

(b). Treated the petitioner with cruelty

                       OR

(c).  Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition

                                OR

(d)   Has ceased to be a Hindu by conversion to another religion

                                      OR

(e).  Has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder

                                       OR

(f). Incurable form of Leprosy

                                       OR

(g). Incurable form of VD

                                       OR

(h). By entering into any religious order

                                       OR

(I)   Has not been heard of as being alive for a period of 7 years or more.

Shashidhar S. Sastry
Advocate, Bangalore
5625 Answers
339 Consultations

- As per law , If a wife does not want to live with her husband or with her in-laws , then the husband can be granted divorce.

- Annulment means that the marriage never existed legally, and for annulment of marriage you will have to prove that marriage was never existed as per law.

- Since she never accompany you after the marriage, and not live with you as wife , then the marriage can be annulled. 

- Yes, it has mediation process , and you can approach the court for a mediation 

- Yes , her appearance for mediation is compulsory as per law

- The easiest and fastest way of divorce is mutual divorce 

- Under the Hindu Marriage Act, a mutual divorce petition can only be filed after at least one year has passed from the date of marriage

- Otherwise , contested divorce can take longer period , as a divorce petition is filed by one spouse to end the marriage and is contested by the other before the court.

- Fees for litigation depends upon lawyers , and none can tell you actual fees

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Not annulment but divorce that can file after one year of marriage only. For annulment of marriage, have to take ground of forced marriage by either of you. Than it can be file any time but before a lapse of year from date of marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. Annulment petition can be filed now on grounds acceptable by the law.

 

2. You can file the annulment petition on the ground that the vital fact that your wife was unwilling to marry or wanted to marry someone else was suppressed from you and had the said fact been made known to you, consent for marriage would not have been given by you.

 

3. Lawyer's fee varies from place to place and also from Lawyer to Lawyer. Ordinarily, a medium grade lawyer might charge Rs.50 K for filing the petition and Rs.3 k towards appearance fee per day's appearance.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

You can go for annulment of marriage on ground of forced marriage and non consummation of marriage.

Fees can be between 22k to 44k depending on the advocate you hire. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

There is no procedure as such of annulment divorce either it is annulment where marriage is considered void on certain grounds or its divorce.

See marriage is valid and it is not by force , cheating or any other ground as such for annulment then you have to file divorce on ground of cruelty. Or mutual divorce if wife agrees for same.

See mediation is there you can deny same and it can fail.

See divorce can be filed only after 1 year of marriage or with pernission of court.

See contested divorce can take 2-3, years.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Quickest way to end marriage in India is mutual consent divorce under Section 13B of Hindu Marriage Act which can be wound up in less than 6 months, but it requires a positive agreement between both spouses on all outstanding issues.

2. The fee of a lawyer cannot be predicted beforehand. You consult a specific lawyer and ask him what it would be.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

annulment of marriage is different from divorce. you will have to file for dissolution of marriage on the ground of cruelty, 

 

since it will be contested divorce it will take a bit of time wherein opposite party too will have to prove her side and court will also see if there is a chance of mediation and if it's possible to save your marriage,

 

the cost of filing for divorce and other expenses you can personally contact me on [deleted]

Anwar Zaidi
Advocate, Mira Bhayandar
233 Answers

If u both ready to dissolve marital status, then u can get divorce on mutual consent under section 13(B) of Hindu Marriage Act, 1955.

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

If your marriage has not been consummated owing to some defects on either side, you may file an annulment petition seeking to annul the marriage for the same reason.

The lawyer fee and the time taken for its disposal can be enquired from the lawyer engaged for this purpose.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

The marriage cannot be annulled as there are certain grounds on which a marriage can be annulled.

You can go for divorce but only after 1 year of marriage.

Divorce can also be filed after 2 years ongrounds of desertion.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

Section 12 of Hindu Marriage Act, provides for a decree of nullity of marriage, which is voidable, on any of the following grounds: ... Therefore, where your consent in the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered

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

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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