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.