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.

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.

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. 

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.

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. 

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 

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.

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. 

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.

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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].

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.

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.

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. 

1) wife can file DV case after 6 months and also dowry harassment case 

2) wife  can file case wherein she is residing 

3) you have to apply for AB where case is filed against you 

4) you don’t have to renew AB 

5) there is no automatic arrest in dowry harassment case 

6) litigation fees depend upon lawyer engaged by you 

7) audio recordings are admissible in evidence 

1.  She can file the DV case and also the criminal complaint for dowry harassment even at this stage since they are considered as continuous offence.

The point what you have expressed now can be taken up during the trial proceedings of the case if at all she initiates steps for filing such cases.

2. Yes, she can do it.

3. You can obtain anticipatory balm only if she has lodged a criminal complaint agaisnt you, but the AB is valid only in the state where she has registered a FIR against you and not outside the state.

4. It is valid till the disposal of the case.

5. Anticipatory bail is taken before yo are being taken into custody, and the bail is obtained after you have been taken into judicial custody.

6. DV case will not be handled by police, only the dowry harassment will be registered by police after which you will be notified by police then you can obtain AB and then appear before police for participating in the investigation.

7. It depends on the lawyer you may be engaging.

8. The audio recordings are not considered as admissible evidence in court o f law, hence you may contest on the basis of merits and other substantial documentary evidences to get justice.

1. Yes

2. No. 

3. No it's not valid in other states

4. There is  no renewal  it's valid for long. 

5. Anticipatory bail if not arrested. Regular bail if in custody. 

7 no arrest in Domestic violence but in other ipc offences send details

8. You can but not necessary

Hi, 

You will definitely get a benefit of doubt in case of late filing of complaint by them. So, you are suggested to file informatory applications to police authorities stating their threat and request for unbiased investigation in case of their complaint. The anticipatory bail is filed when there is apprehension of arrest by in some crime and after anticipatory bail is granted, you are required to take anticipatory bail. You are also informed here that in case of dowry harassment and domestic violence, the police is not going to arrest you, rather police will give you notice to attend and participate in investigations and you will not be arrested till you co-operate in investigation. This is the ruling of supreme court. The recordings are direct proof and you are require to prepare the transcript of the same in the original language and then in court's language. 

1. See yes she can file after 6 months also though you can take defence of delay , also she in complaint has to explain the delay

2. If she goes back there she can file from there.

3. See still there is no complaint so you need strong ground to believe that complaint can be filed then you can obtain same from banglore.

4. Anticipatory bail is valid for offences it is taken for though without any locus it is not granted, you have to show sufficient cause.

5.Regular bail is obtained after arrest. Anticipatory bail is to be taken to avoid arrest.

6. you may get sone time.

7.Depend upon advocate you engage.

8. you can mention same also as ground of cruelty.

Yes and to get benefit, you have to prove her allegation wrong.

Yes,

Yes,

Once AB granted, no arrest ever in same FIR.

5) Anticipatory bail Or Bail - which will be viable to opt for. -- What is the difference ? 

No arrest, if FIR filed, Police will issue notice to cooperate in investigation. 

Depends on lawyer fees. No court fees.

Recording valid proof of blackmail. 

Dear Sir,

Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.