Me and my husband got married in the court under the special act 11 years back. I was 18 and he was 39. We never stayed under the same roof. Now we both want to nullify the marriage. We are both on the same page. Someone suggested us that my husband claims that the marriage was never consummated because I was young when we got married, and now I refused. Can this work? We really want to nullify the marriage, and not get divorced. Is there anything we can do? Is there any other ground we can apply on? Will there be any consequences if I want to marry after that?
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You can file petition for declaration that marriage is nullity on grounds of impotency of your spouse
in alternative file for divorce by mutual consent
3) consent terms can mention that marriage has not been consummated
4) you are at liberty to remarry after divorce or declaration that marriage is nullity
Dear Ma'am
The court will grant an annulment if your partner was incapable of consummating the marriage due to some problems related to his sexual wellbeing.
There will be no problems in remarrying after the annulment or the divorce.
Thank you
1) Can I request for nullification of marriage after 11 years? We never stayed together under the same roof. 2) If the marriage in nullified on impotency grounds then will my status change to single or divorcee? 3) Will there be a physical examination to prove impotency? 4) Can the impotent person marry again? Will the law hold anything against him or her?
- If your marriage not consummated then you can file the petition for declaring the marriage as null and void.
- Further , separation is also a ground for divorce as well.
- Further, if you both want to separate , then file a joint petition for mutual divorce , and this can get within a short period of time.
Dear Ma'am
An annulment can be granted even after 11 years if the grounds are valid.
Once your marriage is nullified, your status will be single.
The order may order a medical examination to determine whether your husband is impotent.
There is no law prohibiting an impotent person from marrying.
Thank you
1. To file for Annulment of Marriage, it has to be done within an year of marriage or within one year after the ground for Annulment is found.
2. Since the marriage was never consummated, the couple can try for Annulment of Marriage. The negative factor is, it's being filed after 11 years of marriage.
3. If you are successful in obtaining decree of Annulment of Marriage, then technically it means the marriage has not happened at all and you will be treated as unmarried and not as married and divorced.
4. Court may call for physical examination to prove impotency.
5. Impotent person may marry once again by getting cured of the problem.
6. Best way for the couple is to opt for Mutual Consent Divorce, wherein you can save time, money and no questions asked.
Your marriage is valid and legal it cannot be nullified. It can only be dissolved by decree of divorce. if both agree seek divorce by mutual consent. There is no possibility of getting the marriage nullified. Section 28 Special Marriage Act provides for divorce by mutual consent.
Both should contact local lawyer and engage him it takes six months for divorce decree. No need to contact two lawyers.
Document required…
No second marriage till you get divorce.
Your status would change to single after marriage is annulled
2) physical examination would be required to prove impotency
3) it would affect remarriage prospects
4) better option is to file for divorce by mutual consent
Nullification of marriage i.e., to file a petition seeking annulment of marriage, the petition should have been filed within one year from the date of marriage citing non consummation of marriage as a ground owing to impotency of one of the parties to the marriage.
Hence you cannot file a petition seeking annulment of marriage after 11 years, however you can file a divorce petition on the grounds of cruelty citing the same reasons.
1. You should have applied for annulment of marriage within one year from the date of marriage on the said grounds hence your petition is not maintainable at this stage.
2. When the annulment is legally not possible, this question does not arise.
3. If parties cooperate then the court would accept any such application to examine the party reported to be impotent.
4. Marriage is a different subject to that of impotency.
It depends on whether the parties consent to marriage after becoming aware of the impotency of one of the party to the marriage, there is no legal restrictions on it.
You need to get your case under the grounds of annulment which is slightly difficult after 11 years.
If it's nullified you will be single.
Medical certificate will be needed.
He can marry again but the same will be ground for another divorce if not revealed to spouse.
