Divorce unconsummated marriage.
ashok
(Querist) 13 March 2013
This query is : Resolved
i live in madhyapradesh.my daughter got married in the end of april 2012 an arranged one.but recently she told me it is an unconsummated marriage because her husband has no interest to making physical relation.may be he is impotent but she has no evidence.now what i do.she wants divorce so please guide me in some ways-:1)if his husband is not ready for mutual divorce then how much time required this process and if he will ready
then is that necessary to 1 year separation between them because my daughter lived with him for 8 month.they demanded for dowry even after marriage which i gave them and i have its evidence should i charge dowry case on them.but i think it will take time so i want to ignore it because i want divorce of my daughter as soon as possible.so please guide me which way is right for me.
Advocate M.Bhadra
(Expert) 13 March 2013
The Hindu Marriage Act,1955
12. Voidable marriages.-
(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-otwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
Devajyoti Barman
(Expert) 13 March 2013
1. You better try for mutual divorce. If you file suit for divorce then you have to wait for one year. However for suit for nullity there is no such restrictions.
2.For relief you may file criminal case like DV case, case u/s 498A IPC etc.
Surender Kumar Sharma
(Expert) 13 March 2013
No need to file DV case or 498A or any like case better contact any counsel for constellation on mutual ground, as per your statement and situation it is possible. rest I agree with Mr. Devajyoti Barman Ji.
Raj Kumar Makkad
(Expert) 13 March 2013
It shall be good if a common relative or a reputed person recognized by both parties is taken in between the both parties are brought to seek MCD and this shall be the only step to get the desired results.
