Annulment of marriage

Guest (Querist) 22 August 2011 This query is : Resolved
Dear Experts, Pls help me.

Married for the past 8 months. Marriage has not been consummated due to no interest shown by the wife. I have phone recording where she has told that she was sorry for not satisfying me physically. She stayed with me for just 20 days and has been staying at her parents house. She used to come here once in 3 weeks mostly during her periods and used to stay for 2 days and go back due to her job. After we had a fight in May she stopped coming.

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R.Ramachandran (Expert) 22 August 2011
Nullity can be applied for only if there is any "impotency".
Non-consummation of marriage due to disinterest in physical relationship cannot be called "impotency".
Therefore, instead of seeking nullity, you have to apply for "divorce" under relevant grounds. You can apply for divorce after the minimum period prescribed and not within one year of marriage.

Advocate Rajkumarlaxman (Expert) 22 August 2011
Yes Apply for Divorce as stated by our expert Ramchandran . I agree with the expert

prabhakar singh (Expert) 22 August 2011
I 2 agree with the expert Mr.R.Ramchandran

Guest (Querist) 22 August 2011
Sir,

Can I apply for contested divorce immediately. What time frame do you think the divorce would be completed if the respondednt doesnt come to the hearings.

R.Ramachandran (Expert) 22 August 2011
According to Sec. 14 of the Hindu Marriage Act, a petition for divorce cannot be presented within one year of marriage. Therefore, you would be able to present the petition for divorce only after completion of one year of marriage.

Further, you should also be prepared to face counter actions from your wife like Sec. 498A complaint etc. So watch your steps and then proceed.

Guest (Querist) 22 August 2011
Can I apply for divorce under cruelty right now, I dont want this to delay forever. I think she will not turn up for the proceedings. Can this get over within 6 months.

girish shringi (Expert) 26 August 2011
If one is not interested in physical relationship with the spouse it itself is self explaining the intention of a person ,that he/she is not interested in marriage and may be dragged to such relationship due to any reason.
You should mutually talk to her regarding break up and if she agrees to same make a mutual divorce to avoid any future implications either side.
No doubt official applying for the divorce can not be made before 1 year of the marriage.
However you can make a MOU with her notorised for the same to avoid future challages.

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