• Divorce or annulment

Hi , 

I am in love with a girl since 7 years . She is a divorcee and my parents dint accept her to be their daughter In law . I was forced to get married to a girl of their choice . It’s been 15 days of marriage . I want to come out of this marriage . Can I ask for annulment of marriage based on refusal of sex from my end . Or please suggest any other approach . I don’t want to live with my wife for rest of my life .
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

You can mentioned true reason for annulment of marriage. that you were forced by your parents to marry this girl and you are not interested in her. As per your choice and wish as per Article 21 of fundamental rights are deprived by your parents. that is Right to Life.

 

The main object of Article 21 is that before a person is deprived of his life or personal liberty by the State, the procedure established by law must be strictly followed. Right to Life means the right to lead meaningful, complete and dignified life. It does not have restricted meaning.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You cannot take advantage of your own wrong 

 

2) court would  not set aside marriage and grant you anullment if you refused to have sex with your wife 

 

3) if you have been forced to marry against your wishes you can file for anullment of marriage on said ground 

 

4) you can file for divorce only on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. Firstly Marriage is not a child's play that one time you marry and next time you come out of it. What will happen to that girl whom you married , even if, for the wish of your parents . You can not spoil her life due to your spineless character.

2. Secondly you can not take advantage of her won wrongs and seek nullity.

So last option is if this girl out of her magnanimity forgives you and give you mutual divorce then you can marry your girlfriend. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

For annulment of marriage, one of the following conditions has to be satisfied:-

(a) Bigamy (b) Forced consent (c) Fraud (d) Marriage prohibited by law (d) Mental illness (e) Mental incapacity (f) Inability to consummate marriage-impotent (g) Underage marriage.

You can use the ground of inability to consummate marriage.

Since  you have not completed 1 year of marital life as well as 1 year of separation (which can run parallel also), hence apply for judicial separation and live separately from your wife. In judicial separation, the husband and wife will be living separately, but the marriage will be still subsisting. You can introspect and then decide, whether to continue the marital life or not. If you decide to opt for divorce then opt for Mutual Consent Divorce after 1 year of separation.

1. Let you 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.

  t2..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.

 r3.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.

 

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

See you cannot ask for annulment on the ground of refusal of sex though annulment can be filed on ground that you were forced to do this marriage , you did not do it on free will.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Annulment of marriage will be done if you have given consent to marriage on the basis of threat or influence. The degree of evidence should be strong to win the case.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

4.9 on 5.0

NO.

You are victim of your cowardliness. Parents cant be blamed and you may face criminal cases for ruining your wife life. 

On the ground of forced marriage, you can apply for diovrce but that will take years. And criminal case of cheating, dowry demand and domestic violence may file by your wife and in laws.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You can very well file a petition seeking annulment of marriage on the grounds that you were forced to get married to her against your willingness.

You may also plead that there was no consummation of marriage due to your unwillingness.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Dear Sir,

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
4952 Answers
27 Consultations

4.8 on 5.0

you can initiate proceedings for annulment on account that marriage has not been consumated. However, these are border-line cases and difficult to prove as the opposing party( your wife ) will deny the same. Ideally, your best option would be to initiate divorce proceedings under the grounds of 'cruelty' where you can also mention that marriage has not been consumated but you can file divorce after completion of one year only. There is a better chance with this option.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No you cannot file case for annulement on ground stated by you. 

2. But you can file case for annulement on ground of marriage by force.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

You have to take personal consultation with any expert as it is a unwarranted issue and you will be trouble. It is not so easy to get divorce in India and your wife has so many laws in her favour which she may exercise as such you are advised to take rights steps and also to take anticipatory bail in advance if you wish to give divorce to your wife. If the grounds are so serious about non consummation you may built up a case and can file for annulment of marriage within one year of your marriage and you may successful.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If you don't want to live with her then simply walk away from your marriage by telling her that you don't want to live with her and hence a mutual consent divorce is best way to go.

But if she refuses then you have to tell lies in order to get a decree.

Grounds can be cruelty desertion denial of sex.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can try annulment but you need to prove that you were forced

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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