• Can I get divorce due to non-consummation

I an  married for 8 months.my wife doing job in bank.from the first day of marriage she was unwilling to make sexual relation to me and i did not force her till date.but when i come closer to her and tried she either refused or cried and now she is tellng that she becomes frighten when i came closer...i dont know the cause...even she told that i got angry sometime as a cause for fear...now she is transfered to a branch far away from my home and regarding this issue there was a quarrel between us and she is not at all interested to live with me but her family members are telling for councelling..at present i want divorce as i know that she is not at all interested to me....she previously told that she had a relation before mariage though broken up but she is unable to get out of that relation...how i get divorse..both of us live in kolkata
Asked 4 months ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) only in exceptional circumstances can you file for  divorce before expiry of one year of marriage 

2) file for divorce on expiry of one year on grounds of mental cruelty 

3) refusal to have sex  amounts to mental  cruelty 

4) in alternative you can file for annullment of marriage within period of one year of marriage on grounds of impotency of wife 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
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Yes, you can file a petition seeking annulment of your marriage by a decree of nullity through a court of law on the grounds of non-consummation of marriage owing to her impotency.

This annulment petition should be field within one year from the date of marriage under section 12 of Hindu Marriage Act, 1955.

Consult an advocate and proceed with the process as early as possible. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
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1. First take the firm decision that you will take divorce only after all the efforts to reconcile failed,

2. Then collect evidence of her refusing to have s*x with you,

3. After completion of one year of marriage, you can file a divorce petition on the ground of cruelty keeping in mind that refusing to have normal s*x with husband is considered as cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1. This marriage is surely not working and furthering it would be a wastage of time.
2. Within one year of marriage divorce is not permissible but you can file suit for nullity of marriage.
3. Since your wife is not willing to carry on this marriage you better ask for her consent to mutually end this marriage.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
1. You can file for dissolution of marriage on the ground of cruelty as a marriage without sex has been held anathema by the Supreme Court. 

2. You may both file for mutual consent divorce which will take only 6 months to conclude, as opposed to contested divorce which will take 2-3 years in the court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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