Yes, It is possible. But need to get some details to further assist you.
Nullification of Marriage
We had recently got married in Nov'22 (hindu marriage). But unfortunately the married life is in bad terms and we mutually do not find ourselves at all compatible to live in peace. I would like to whether a legal nullification of marriage is possible if both partners have mutual consent?
Asked 3 years ago in Family Law
Religion: Hindu
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14 Answers
- As per Hindu Marriage Act, there must be separation of one year from the date of marriage for filing mutual divorce case
- Since, your marriage was solemnized in Nov,22 , then presently you cannot file the joint petition for getting mutual divorce
- However, if you both are living under one roof and not having relationship as husband and wife for one year, then you can file the same.
- Nullification of marriage is granted on certain grounds , like no consummation of marriage etc.
You should file mutual divorce petition.
By mutual consent you can get the marriage dissolved by a decree of divorce alone.
The marriage cannot be annulled or nullified for the reasons you state that is incompatibility or difference of opinions etc.
You may have to wait for one year period from the date of separation to file the divorce case on the grounds of mutual consent
file for divorce on expiry of one year of marriage by mutual consent
2) no case of anullment of marriage is made out . merely because you are not compatible is not ground for anullment of marriage
We had been speaking to counsellor as well and the counsellor diagnosed her (wife) with PTSD. She had a past relationship with a married man which was abusive in nature. This has affected her ways where is extremely insecure, unpredictable and inconsistent in her behaviour. I had shared with her my past before marriage (dated woman, used to drink etc) but now she keeps bring up these topics, scans with phone for hours and any old chat (even before marriage) is a topic of disloyalty for her. Unfortunately, a day before her anger escalated and she physically punched and kicked me. I do not see how I can live with such traumatic mindset. It's been over an year with this unsettling behaviour and it's affecting my health n professional life as well.
Asked 3 years ago
You can enter into a settelment agreement and file a petition for divorce by mutual consent after 1 year of the marriage.
regards
file for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty
3) best option is to file for divorce by mutual consent
Only option available is Divorce by mutual consent that also after 1 year of marriage. To declare marriage null, fake grounds will have to create which is illegal.
ON the ground of mental and physical cruelty, you can apply for divorce.
You can go for annulment of marriage in the grounds stated in the same. You can file the same in family court
a marriage can be nullified under the following circumstances:
If either party was already married at the time of the marriage.
If the parties are within prohibited degrees of relationship.
If either party is of unsound mind at the time of marriage.
If the consent of either party was obtained by force or fraud.
If either party was impotent at the time of marriage.
If both parties mutually agree that the marriage should be nullified, they can file a joint petition in court, stating the grounds of null will then examine the and satisfied, it will pass a decree of nullification.
You can file a petition before court seeking judicial separation under section 10 HMA and start living separately away from her.
She cannot force you to live with her for any reason if you are adamant and unwilling.
After completion of one year period you can convert this judicial separation case into contested divorce case on the grounds of cruelty
- If you having proofs for her relationship , then it may be a ground for divorce.
- Further, her said acts are amounts to cruelty ,and which is also a ground for divorce..
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
I suggest you contact me personally for proper assistance. There are many solutions which cannot be discussed here.
Yes, a legal nullification of marriage is possible if both partners have mutual consent. Under Hindu Marriage Act, 1955, a marriage can be dissolved by way of a mutual consent divorce petition, which can be filed after one year of the marriage.
In a mutual consent divorce, both parties must mutually agree to dissolve the marriage, and it is the duty of the court to satisfy itself that the consent has not been obtained by coercion, fraud or undue influence. Once the court is satisfied, it grants a decree of divorce.
However, it is advisable to consult with a lawyer to understand the legal procedures and implications of such a decision, including the division of property, alimony, and custody of children (if any). Additionally, if there is any domestic violence, it is important to take appropriate legal action to protect yourself and seek appropriate remedies.
