Divorce
amar
(Querist) 29 November 2009
This query is : Resolved
I got married for 6 months. I never had sexual intercourse with my wife as she starts shivering during fore play. She was consulted with phycharist and he had suggested that she is fit only for single life.
She wishes to get divorced. Can anyone suggest the possibility for getting quick divorce as her depression level increase day by day due to her guilty conscious of not being a wife 100%?
A V Vishal
(Expert) 30 November 2009
In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.
Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.
Grounds For Annulment
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age);
3) Either spouse was under the influence of drugs or alcohol at the time of the marriage;
4) Either spouse was mentally incompetent at the time of the marriage;
5) If the consent to the marriage was based on fraud or force;
6) Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
7) The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
8) Prisoners sentenced to a term of life imprisonment may not marry.
9) Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)
Basis Of An Annulment
In Section 5 of the Hindu Marriage Act 1955, there are some conditions laid down for a Hindu Marriage which must be fulfilled in case of any marriage between two Hindus which can be solemnized in accordance with the requirements of this Act.
Section 5 Condition for a Hindu Marriage - A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
(i) Neither party has a spouse living at the time of the marriage;
(ii) At the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) The bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;
(iv) The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two:
An annulment may be granted when a marriage is automatically void under the law for public policy reasons or voidable by one party when certain requisite elements of the marriage contract were not present at the time of the marriage
adv. rajeev ( rajoo )
(Expert) 30 November 2009
both have to file mutual consent divorce petition by referring it to the lok adalat then only you can get the divorce, but it takes 6 months.
Raj Kumar Makkad
(Expert) 30 November 2009
wait next 6 months. Immediately on expiry of 1 year of marriage, mutually file a petition seeking a decree of divorce on this ground and pray to condone the necessary period of 6 months wait period. You can get then get the decree of divorce and there is no short cut way than prescribed here.
amar
(Querist) 07 December 2009
Thanks for all you Experts to present your View and send some time to help me out
i would like to know what are the procedure to make this marriage as not Void under Section 12 (1)(a) of the Hindum Marriage Act, 1995.
and how long will it take approximaTELY
