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Manish (software)     24 February 2015

Annulment of unconsummated marriage

My marriage has not  been consummated, owning to financial and job security reasons.  I had lost project immediately after marriage. I had to move out of country in  the search of new project.

 During this time, My Wife left for her home town as she had a job in local college. We hardly stayed together for 1 month after marriage. Did not had any intercourse owing to career situation. 
 
 She now has new priorities and aspirations from me and has booked a 498 case against me and my parents.   
    
Is there a way to protect my parents and get a annulment or divorce,
 
While I am out of country ?


Learning

 9 Replies

fighting back (exec)     24 February 2015

hi manish......first and foremost, you have to engage a lawyer soon as possible for your 498 case, first there will be investigation and later FIR will be filed if prima facie if anything is found against you. to safegaurd your parents and yourself you better engage a genuine lawyer as soon as possible.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 February 2015

Dear, Sit and settle the matter ... I don't any ground for annulment of marriage .... But yes you can seek divorce on the ground of cruelty only when the 498A is false .... But seriously divorcee only after one year of marriage .... Please call and discuss for annulment ground if we could make any valid ground ..... Kapil Chandna Adv 9899011450

K.K.Ganguly (Advocate)     24 February 2015

1. You can file a divorce suit after one year of marriage on valid grounds,

 

2. You have no ground for seeking annulment of marriage,

 

3. Apply for and avail Anticipatory Bail for you and your parents  and contest the 498A case fittingly.

Manish (software)     25 February 2015

Thank you Guys,

 1. What evidences are required to prove the Inability to Consummate Marriage.  

       - Any Doctor certificate or Tests are required ?

        - This is some thing which has cure for needs lot of time to stay out of country.


2. Is this sufficient to strike of the 498a Case or this still needs to be contested. 

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     25 February 2015

You seems to be a high profile person so will not be allowed free by any system.

 

As advised above engage a competent advocate. Non consummate of marriage due to your fault is no excuse for other cases.


(Guest)

dear queriest,
req. to clarify a link between already filed 498 case against u and ur parents & getting an annulment or divorce to protect ur parents before accquital frm 498-a.
so tht ld. srs. can help u.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 February 2015

498A is. cognizable offence n has to best be defended. Engage local lawyer. Annulment or divorce can best be tried after 1 year on MC.

T. Kalaiselvan, Advocate (Advocate)     26 February 2015

There is no ground for annulment of marriage on the basis of the information given here.  If she has filed the criminal cases against you, it is still not understood that though you people did not live together for a longer period but still she has gone ahead with the said case against you, it appears that though staying apart, lot of communications were going on between you and her and it was you who had not been willing to take her into your fold hence as a repercussion, she vented out her anger in this form.  Now, since the problem is in the blown out stage, better to contest the same on the merits in your side and plan about other matrimonial issues/disputes after that.

Manish (software)     01 March 2015

Thanks for the response..  I need to understand how much does a Bail cost for 5 members in Andhra Pradesh.  We are still looking for good advocate who can advice on this.

 

confused with mutliple suggestions on bail can now be granted by SI and court need not be contacted ?


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