Divorce to homosexual husband
shweta
(Querist) 08 February 2013
This query is : Resolved
hi i havebeen married 9 month it is an unconsummated marriage beacuse husband is homosexual and also have some physical problem now i want divorce plz guide me in some ways.1)how much time required for getting divorce in both condition mutual and not mutual.2)if i choose annulment of marriage thn how much time requires by this process. 3)how can i prove that my husband is homosexaul.4)my parents live in madhyapradesh and marrige was organise in rajsthan so in which state i should file the case.please please help me please
prabhakar singh
(Expert) 08 February 2013
1.One needs to wait for at least one year from date of marriage before moving a divorce petition of any kind,mutual or contested.
2.No annulment lies in for stated facts.
3.By adducing evidence of victim to gather with medical report if any or by a charge of attempt on you which lead you to separate from him.
4.Possible at any of the two places,choice lies in you.
Adv.R.P.Chugh
(Expert) 08 February 2013
I) Mutual 6 months - but it has to be preceded by one year of separation.
Non Mutual - Contested can be filed on the grounds of impotency/cruelty (arising out of non consummation) etc, can be filed within the first year itself.
ii) Annulment - can also be obtained under Section 12 of the Hindu Marriage on ground of non consummation of marriage on account of impotency; How much time ? Depends on a lot of factors - cant be speculated atleast a year though.
iii) Well there's no objective/physical test to it.
iv) Three places - place of marriage, place where you last resided together, place where either party lives.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
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R.K Nanda
(Expert) 08 February 2013
agree with experts.
prabhakar singh
(Expert) 08 February 2013
I simply tried to address within factual compartment of query and not of several those possibilities we can twist with in entire scope of law.She told two places,i kept confined.Section 12 (a) speaks "(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; "Here query does not speak of any impotency at the time of marriage continuing still.I did not try to import "impotency" as it would amount foreign to facts stated in query.Section 14 of HMA governs limitation
and answer was given in terms of query.
prabhakar singh
(Expert) 08 February 2013
And Dear Adv. Bharat Chugh!
Please address also on "how to prove husband is homo" ?????
Raj Kumar Makkad
(Expert) 10 February 2013
I do agree with Chugh. So far the question raised by prabhakar Singh is concerned, I am of the view that this cannot be legally proved and even this should not be made as a ground for divorce. Non-consummation of marriage itself is a big ground.
ajay sethi
(Expert) 10 February 2013
since you have already been married for 9 months better wait for another 3 months and obtain divorce by mutual consent .
your husband would not like to accept the fact that he is a gay . notr would be like it to be brought in open that he has been unable to conummate the marriage . hence divorce by mutal consent is best bet .
Adv.R.P.Chugh
(Expert) 10 February 2013
There is no scientic tests to prove a person's sexual orientation, however there may be other non medical proofs for eg : admissions (recordings and the like), messages, emails from which an inference could be raised.
Raj Kumar Makkad
(Expert) 10 February 2013
A homosexual person can also satisfy his wife is basically this cannot become a ground of cruelty.
prabhakar singh
(Expert) 10 February 2013
makkad has every right to agree with any one so also chug has right to view things in any manner he desires.
BUT I AM SURE THAT IF A WIFE IS VICTIMIZED OF SODOMY BY HER HUSBAND I HAVE GUTS TO PROVE IT A CRUELTY.
PEOPLE SHOULD READ ANSWERS CAREFULLY.
prabhakar singh
(Expert) 10 February 2013
A victim alleging sodomized can prove who sodomized ?
There can be medical evidence if one is sodomized or pure?
prabhakar singh
(Expert) 10 February 2013
Moreover even an attempt to sodomize wife is a cruelty,ruling or no ruling?
prabhakar singh
(Expert) 10 February 2013
AND ABOVE ALL SODOMY IS AN OFFENCE?
IS NOT IT?
