Annulment - if mutually agreed
Kittu
(Querist) 09 March 2015
This query is : Resolved
Hi All,
I wish to know if it is possible to get an annullment if both parties agree? My marriage is not even 5 months old and I have discovered my wife's illicit affair. If the elders intervene and allow us to separate can we go for annullment instead of marriage?
1. Should I allow her to file for it on grounds of non consumation due to my impotency and I dont reply and court grants it? How long can this take? Can she withdraw her application in between?
2. OR Should I file on grounds of Fraud and hiding of facts+non consummation and ask her not to respond? How long of time window will she have time to respond? Can I make her respond saying she accepts this and courts grant it?
What could be the fastest and safest way forward.
Please advise.
Devajyoti Barman
(Expert) 09 March 2015
1. It should not take more than six months and yes, before the passing of decree she may withdraw the case.
2.You can do this also.
Option no. 2 is better for you.
Kittu
(Querist) 09 March 2015
Mr Barman, thank you for your response. When you say not more than six months, how many hearings those might be?
Also, if I file the case, should I ask her to respond at the same time? What if she chooses later not to respond or better to fight it? Then I would be having the burden of proof on me. And thus, I thought may be option 1, through my lawyer so that she has very minimal chance of withdrawing, while I ask my lawyer to speed it up?
Kappil Cchandna
(Expert) 10 March 2015
Sir,
Simple is file a suit of the ground of forceful marriage and get it annulled.... Which you want to prove yourself as impotent by the court .... Either of you can file and prove to the court that the marriage was forceful and finish it off ...
Regards
Kapil Chandna Adv 9899011450
Devajyoti Barman
(Expert) 10 March 2015
If she contests the suit then it may take years together. Only you are sure of compromise then only file such suit for nullity .
Kittu
(Querist) 10 March 2015
I dont think applying for a forceful marriage is even a viable solution. My apprehension is that she might change her stance in between the process and then I will be left forever hanging with it. I dont care if she initiates a case on me(with my lawyer) and call me impotent. I need to get out of this marriage asap.
P. Venu
(Expert) 10 March 2015
Why so many 'ifs' and 'buts' if you really have serious problem in your marital relation?
Either this is a funny query or you are not mature enough for a married life.
SAINATH DEVALLA
(Expert) 10 March 2015
Annulment and marriage,two different propositions. 5 months of marriage and annulment is too early even if the elders intervene.Why do U want her to prove UR impotency and invite further trouble.Didn't U discover here pre marital affair before marrriage? U are just trying to ask the experts, what would happen if I do this or what would happen if I do that. Anything can happen during the proceedings of the case.
Kittu
(Querist) 10 March 2015
What self respecting man would marry a girl if he knew about her affair before marriage? That is the most absurd question asked on this forum. Why would I write a question here if I did not have a problem? Experts comment so randomly at times.
malipeddi jaggarao
(Expert) 10 March 2015
Don't be excited. Once you are entangled in a marital tie, it is not so easy to come out of as you think. No self respecting man will try to take advantage by allowing his spouse to file annulment petition on grounds of impotency. She will not cooperate with you. She will demand alimony. She will not forego that facility. It is very difficult for you to prove bigamy. think with cool mind and try to settle the issue. Divorce/Annulment will not be granted that speedily as you are expecting though you are a real victim. You have discovered illicit affair. Whether she is continuing it? Whether your marriage is consummated or not? Rope in the elders, take their guidance first. Then you can think of legal remedy.
T. Kalaiselvan, Advocate
(Expert) 12 March 2015
You had posted the same query in the forum section too where many experts including me have given our opinions to your query. Do not be frustrated over the disappointments you have faced due to your marriage with her. If she is adamant about continuing her past illicit affairs with her paramour and has no regrets over her such deeds and agrees to part ways with you, it is better to ask her file a petition to annul the marriage for the reason 'forced to marry', let the summons be served on you properly, after receiving the summons you choose not to attend the court to file your counter/objection or challenge the same, automatically an exparte decree will be passed after observing the minor formalities by the court. Talk to her and sort it out as per the suggestions made by experts here or take the advise of your lawyer and proceed.
