• Contested divorce

Hi 
I got married in Feb 2018 during my marriage period my relationship with my spouse was not in good terms. She gave me a feeling that she is disinterested in the marriage and tried to avoid the physical contact. When i try to get closer she had all excuses to avoid and also if physical connect happens she just lay as dead person and gave me very cold vibes. This went on for 15months and in May 2019 she walked out of the house after we had an argument over it. I tried to work out our relationship with probability of taking some counselling sessions for her. But she is adamant of not doing and needs a break from relationship with no time frame of getting back. Its already 6 months she left home. In this period as family we met twice for reconciliation but nothing happened. 
The last meeting went to even the extend of Girl's father asking for registering property in her name so that she can be secured. There is no talk on her sexual issue and counselling part. Parents just want either Alimony if they want to give divorce or give the property in her name to reconcile. 
With such proposal kept by them I do not want to per sue this relationship and file for Divorce. 
My lawyer suggested to file for Annulment. Here is my question.
1) What is the criteria on which Annulment case can be put, seeing my scenario?
2) What kind of medical tests can be done to prove her sexual disinterest or avoidance? 
3) Am filing from Bangalore, if i file for Annulment - what is the process. How long does it takes for Summons to go.
4) What is the time frame the girl gets to respond. If she does not respond how many reminders they get and in what frequency.
5) The girl is working in bangalore , her family is trying to get her transferred to chennai. In that case if i file for Annulment and the girl moves to Chennai what happens to the case.
6) What is general time frame in Annulment cases.

Thanks for your help. Am really looking forward for response and help.
Asked 7 days ago in Family Law from BANGALORE, Karnataka
Religion: Hindu

For annulment of marriage, it has to file in the court within one year from the marriage date and reason should be on non consummate with spouse.

 

In your case you had a consummate relationship with her and it's more than one year. So it is not possible to get annulment in your case.

 

Better you try for Mutual Consent Divorce that will be faster than normal court divorce.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

Annulement is not a possibility in your case because you had conssumated your marriage.

There is no test for sexual disinterest.

Summons can be served within a month of filing the petition.

And she will get another one or one and a half month for filing written statement.

If she transfer herself to Chennai then she have to appear in court in person or through her pleader.

Generally it takes two or more years.

 

Mohit Kapoor
Advocate, Rohtak
5151 Answers
1 Consultation

5.0 on 5.0

1. Since non consummation in a marriage is a ground for nullity of marriage , you can file a suit to declare your marriage as null and void.

2. However there is no concrete proof of virginity f a lady and one can have sex even before marriage. So medical proof is not foolproof to prove non consummation.

3. You can file it from a place where marriage was performed or where both of you last resided together or she is presently residing.

4. There is no time frame which can be predicted.

5. Nothing will happen to your case unless she applies for transfer of the suit.

6. No time frame can be told.

Suit for nullity is difficult to prove and hence it is wise to seek alternative relief of dissolution of marriage on the grounds of mental cruelty. 

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

1.  Annulment of marriage cannot be filed at this stage, because you were aware of the fact that your marriage was not consummated for more than a year, hence you should have file a petition for annulment within one year from the date of knowledge of the same.

Instead you can file a divorce petition on the same grounds even now.

2. You cannot force her to undergo any kind of medical tests, especially if she refuses to undergo any such medical examination.

You can simply mention that she has not allowed to consummate the marriage may be because she is impotent, and you are ready for medical examination to prove your potentiality  and can ask the court to direct her to undergo the same, however if she refuses to the court direction then she cannot be forced.

3. The annulment case is not maintainable, the court may not entertain the annulment petition, instead of wasting time on such misconceptions, you may directly file the contested divorce case.

4. It depends, if the summons are served on her and if she is not appearing before court then the court may set her exparte and an exparte judgment can be passed on the next hearing.

5. you can issue summons to her address wherever she is living at that time.

6. Please note that the annulment is not possible in this situation.

It is another case, if contested it may also take more than three years for disposal.

 

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

1. You can file the annulment that she was forced to marry you and Therefore the marriage is void. 

2. Medical tests against her will is difficult to order and there are no such conclusive tests to prove sexual disinterest. 

3. Depends on service by baliff and court order. It summons are issue fast. 

4. She has to file her reply within 90 days after service

5. She will have to attend the court herself or through advocate

6. 1 year of knowledge. 

Prashant Nayak
Advocate, Mumbai
14897 Answers
25 Consultations

4.6 on 5.0

1) no case of anullment is made out

 

2) your marriage has been consummated 

 

3) you can file for divorce on grounds of mental cruelty 

 

4) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

 

5) contested divorce proceedings take 5 years to be disposed of 

 

6) if wife does not appear in court for 3 consecutive dates court can proceed exparte in her absence 

 

7) file for divorce in Bangalore as after marriage you have stayed together in Bangalore 

 

8) in case wife wants transfer of case to Chennai she has to file petition in SC in this regard 

Ajay Sethi
Advocate, Mumbai
69587 Answers
4181 Consultations

5.0 on 5.0

1. See in this scenario annulment in my view cannot be filed you can file divorce on ground of cruelty.

2. See for this there is no physical test as such, the issue may be psychological or emotional.

3. If you file case the summons can be served through registered post and it can take 2-3 weeks to receive the AD card back.

4  She after receiving the notice in 90days have to file her reply and file appearance in court, if she fails the court after giving her enough opportunity can order to close her right and proceed ex-parte.

5. Case will continue or she can file transfer of same to chennai.

6. If it is contested can take years to settle.

Shubham Jhajharia
Advocate, Ahmedabad
21309 Answers
83 Consultations

5.0 on 5.0

Hi,

The marriage can be annulled as might be advised by your advocate on grounds of non consumation of marriage. Else you may file a case of divorce under cruelty because many court judgments are in this regard. The case process will be similar for all cases i.e. annulment or divorce. If you file the case in Bangalore, the girl will have to come there. The general time frame as per Hindu Marriage Act but it may take more than 02 years due to work overload of courts. 

Ganesh Singh
Advocate, Delhi
3337 Answers
9 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

 

1. What is the criteria on which Annulment case can be put, seeing my scenario?

Ans: Annulment can be filed within one year of marriage as such it is ruled out in your case.

 

2. What kind of medical tests can be done to prove her sexual disinterest or avoidance?

Ans: You may not get favourable report if she is sent to medical test. You may take contention that there is no consummation of marriage and it is cruelty met by you at her hands and on that ground you can seek divorce under Section 13 (1) (ia) of Hindu Marriage Act, 1955.

 

3. Am filing from Bangalore, if i file for Annulment - what is the process. How long does it takes for Summons to go.

Ans: In any case the Court issues summons to other side and there are chances of referring your case to mediation to find out whether it can be ended in compromise.

 

4. What is the time frame the girl gets to respond. If she does not respond how many reminders they get and in what frequency.

Ans: Normally three chances will be given by the Court if she did not respond then Court will pronounce it judgment keeping her ex-parte.

 

5. The girl is working in bangalore , her family is trying to get her transferred to chennai. In that case if i file for Annulment and the girl moves to Chennai what happens to the case.

Ans: You may file case in Bengaluru as it appears both of you resided in Bengaluru City.

 

6. What is general time frame in Annulment cases.

Ans: It always depends upon resistance put up by other side.

===========================================================

The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, 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:—

12 [(a) that the marriage has not been consummated owing to the impotence 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 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [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 solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised 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 15 [the said ground].

 

Kishan Dutt Kalaskar
Advocate, Bangalore
4750 Answers
141 Consultations

5.0 on 5.0

Not annulment but divorce in this situation. Refusal of spouse of physical intimacy is mental cruelty and ground of divorce.

She may raise defense of impotency of yours, than you can offer medical test. No medical on her.

Sometimes parties refuse to accept summon but court consider such situation valid delivery of summons and still not appear in court will pass ex parte order. Takes few months.

Case will proceed in blore only until she gets order from supreme court to transfer case from blore to Chennai.

Year and more.

Yogendra Singh Rajawat
Advocate, Jaipur
14992 Answers
19 Consultations

4.6 on 5.0

Dear Sir,

You do not have physical relationship for which reason ? If your partner is impotent or suffering from any dieasease then you can. File for divorce petition in family court .if your partner is intentionally not allowing you to have sexual relationship them also you have a good ground for divorce .

Wife's refusal of physical intimacy ground for divorce, rules Delhi High Court

Physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce, the Delhi High Court has held.

Dismissing a woman's plea challenging the family court's decree of divorce to her husband, a bench of justices S Ravindra Bhat and Najmi Waziri upheld the lower court's February findings in favour of the husband.

Taking note of the fact that though the couple had settled the issues in 2009 and started living together but the wife had refused to have physical relation with husband during resettlement, the bench said.

The family court had concluded that there was no conjugal relationship between the parties for almost 8 to 9 years as the appellant/wife was living away from the respondent/husband at her matrimonial home in Gujarat or otherwise shunned physical relationship with him. The promise of marital cohabitation was reneged by the wife as she continued to refrain from physical intimacy with the husband.

Till the pronouncement of the impugned judgement in 2013, the physical distance between the parties had remained the same.

Physical intimacy between a married couple is an essential aspect of marriage and consistent refusal of physical intimacy strikes at the very root of the marital relationship.

The bench also accepted the man's argument that his wife had also levelled allegations that he had illicit relationship with his sister-in-law which amounts to mental cruelty. This court is of the opinion that the impugned judgement of the family court is based upon sound evidence and the conclusions arrived at are just. The decision to dissolve the marriage on the ground of cruelty calls for no interference.

Netravathi Kalaskar
Advocate, Bengaluru
3964 Answers
18 Consultations

5.0 on 5.0

a marriage whereas annulment declares a marriage as null and void as if the marriage did not happen at all. 

you can obtain an annulment if you never consummated the marriage.

Summons will take around 8–15 days to be delivered. 

you can file divorce on the grounds of mental creulty.once summons served If she fails to appear even after substituted service the court will order the proceedings to be ex-parte against her. It should take around two more hearings to get it ex parte. 

 

Mohammed Mujeeb
Advocate, Hyderabad
12143 Answers
4 Consultations

4.5 on 5.0

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