• Divorce on basis of non-consummation of marriage

Hello Attorneys,

Ours is an arranged hindu marriage. Our marriage broke in just weeks. We are living under one roof after marriage for an year now but there is no communication between us. Our marriage is never consummated and we both dont have any interest in continuing this relationship. 

What are options now.
1. Should we apply divorce or annulment of marriage
2. Can we apply for annulment on basis of relative impotence 
3. Who should file the case? Me or my wife And on what basis
4. We both live in UK so how long does it take for this process ( if we apply for annulment)
Asked 1 year ago in Family Law
Religion: Hindu

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7 Answers

Hello,

If both you and your wife agree on all terms of the divorce such as maintenance amount ( can be none of both parties agree) etc, you can apply for divorce with mutual consent. This usually takes 1 year as it involves a mandatory waiting period. Case can be filed jointly if it's mutual divorce.

 

Relative Impotency is not an absolute ground for granting divorce. If the court feels that your medical condition is treatable, they might not grant you the divorce. 

 

Hope this helps.

 

 

 

 

Abhiraj Jayant
Advocate, Delhi
49 Answers
1 Consultation

Not rated

  1. A marriage can be annulled only within one year of performance of marriage. The grounds of annulment are quite distinct. But if one year is  not lapsed, petitioner can seek annulment on the ground of impotency of respondent. It has to be 100 % impotency.
  2. It depends on grounds agreed. The best is to go for mutual consent divorce .
  3. If the is MCD both have to approach the Court.
  4. As both are in U.K. it is not possible to file any divorce proceedings  in India. You need to explore possibilities in U.K. which  are quite bright.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

file for divorce by mutual consent 

 

2) mutual consent divorce takes 6 months 

 

3) you can file for annulment of marriage on grounds of impotency of spouse but it is difficult to prove and make take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94700 Answers
7528 Consultations

5.0 on 5.0

1. If your marriage is older for more than a year then it would be advisable that you file a contested divorce case on the grounds of cruelty citing that her refusal to cohabit or sexual relationship is one of the grounds of cruelty besides other grounds whatever you may rely upon and have been pleaded in your divorce petition. 

2.  You should have filed the annulment case within one year from the date of marriage or from the date of such knowledge.

3. If you are aggrieved by her attitude or behavior with you, then it is you have to seek the relief and not she.

She will remain silent as usual causing more and more grievances to you, hence you only have to initiate actions to get proper remedy to such injuries. 

4. The time taken for disposal of a matrimonial dispute by court cannot be predicted owing to various factors involved in it, besides it is pertinent that you may have to be present before family court on all the dates of hearing or represented  through your power of attorney agent.

The impotency is to be proved by the party who relies upon it as a primary reason, before court by medical evidences;

The divorce by mutual consent may get disposed within 6 months from the date of instituting the divorce case.  

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

You have two options 1. Contested divorce or 2 Mutual divorce.

As per the law as it stands, our legal system does not allow divorce to be granted on the grounds of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on the proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock), one instance of lapse of virtue that can lead to divorce.

 

Divorce by Mutual Consent, as the name suggests, is when both parties ie; husband and wife come to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for granting divorce by mutual consent is free consent of both parties.Divorce by Mutual consent saves time, money and energy for both,

 

You can file mutual consent / contested divorce with the help of the power of attorney. Choose  a lawyer here and ask him to prepare the petition and send it through email, take the print out and attest the petition before Notary or consulate and send it through courier to your lawyer and then file. If your presence is required, come to India and attend court proceedings

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Dear client,  I am sorry to hear that but in this case you can file the divorce petition but not annulment because the conditions specified for the same under the Hindu Marriage Act doesn't apply to your situation. 

 

Anik Miu
Advocate, Bangalore
8857 Answers
110 Consultations

4.7 on 5.0

You need other grounds for annulment as per HMA. Only non consumation of marriage not the ground

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

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