Praveen (Officer) 26 October 2014

Divorce or nullfication?

Hi,

My friend had married her boyfriend under Arya Samaj in July 2014 but has not yet consummated her marriage as both spouses live in different cities. She has discovered that her boyfriend's nature has changed after marriage and she no longer wants to continue the marriage. Can the marriage be considered null and void on the basis of non-consummation or she would be required to file a divorce? If divorce, how strong are the chances of getting one??

Thanks

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 27 October 2014

fNo. she cannot get divorce. Atleast one year minimum waiting peeriod is required under the law.

Baskar Govindaraj (advocate) 27 October 2014

Its not necessary to wait for a year we have many more judgement to get divorce if the spouse is unfit to marriage life if you wants any querrys pls cal me my mob no 9944752944

Anand Bali Adv. (Advocate Solicitor & Consultant) 29 October 2014

You can not go for Divorce till the one year from the date of your marriage under Hindu Marriage Act. Though the marriage can be declared null and void with in one year of marriage or within one year of the fact knowing on which basis you want the marriage be declared null and void under Sec 11, 12 read with Sec 5 of the Hindu marriage Act..

K.K.Ganguly (Advocate) 29 October 2014

1. She has to obtain the decree of divorce,

2. Mutual consent Divorce takes 6 months whereas contested divorce may take even 6 years.

T. Kalaiselvan, Advocate (Advocate) 29 October 2014

Non-consummation of marriage has to be stretched for a period of atleast one year or if the same is due to impotency, a petition ca be filed within one year of marriage to annul the marriage.