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Seeking Help (selfE)     03 August 2012

8 months marriage/did not consumate till date/ annulment of

Dear Experts,

 

My marriage is 8 months old, she left me after 2 days of marriage, since then we are living separately. She wants divorce. I agreed to it. We have not met physically (not Consummated). Please suggest me best and quick way for divorce.

 1) Can I request court for Annulment of Marriage as the marriage was not consummated?

 2) Shall I go for Mutual Consent after one year completion of marriage?

 

Is any other way possible?

 

Please suggest the Quick way for divorce, as we both want divorce.

 

Thank you in Advance.



Learning

 23 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 August 2012

go for consent divorce.  Court may ask for the reason for divorce .

1 Like

Alok Tholiya (self employed)     03 August 2012

Try for annulment as same will be good for fututre of bride. Otherwise same petition can be converted  in MCD.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 August 2012

1. Annulment is possible only when non consummation owing to impotency of the other party.

2. I differ with Ld.Ashish Ji - when he says mutual consent can be filed within the first year if there is exceptional hardship - S.14 which permits such divorce - does not apply on mutual consent divorces but only contested ones.

3. When 1 year elapses from marriage, file a mutual consent wait for 6 months.

2 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 August 2012

1. Annulment is possible only when non consummation because of impotency of the respondent. It is an adversarial proceedings, and if you venture to file one your wife won't take it lying down because of stigma of being incapable, and this would maekit as bad as a contested divorce.

2. Mutual Consent is your thing - it can be filedo nly after one year - I differ with Ld.Ashish Ji when he says mutual consent can be filed within the first year if there is exceptional hardship - in my view S.14 exception applies only on contested divorces.

2 Like

JANAK RAJ VATSA (ADVOCATE)     03 August 2012

under the circumstances of  the situation as it stands today,  the annulment is no applicable because the string of non consummation of marriage due to impotency of a party is attached which has not been mentioned by the querist. therefore , it would be preferable to go for a mcd since it would be expeditious.

1 Like

Seeking Help (selfE)     03 August 2012

Thank you all for Valuable help.

The reason for not consummating is not Impotency, but she is not interested to continue with me, as she has other interest. I don’t blame her for this, it’s my fate.

Now can I proceed with RCR under sec9 in order to reduce cooling time of 6 months in Mutual Consent? Will the Judge consider RCR filed in this month at the time of Mutual consent hearing after one year of completion of marriage?

When I am in depressed state your replies are giving support and hope.

Thank you

K.K.Ganguly (Advocate)     03 August 2012

What is the use in filing RCR if she does not join? Your filing time for Divorce will not be reduced.  You have only one option being MCD. File it after completion of one year of marriage after which you shall have to wait for another 6 months.

K.K.Ganguly (Advocate)     03 August 2012

What is the use in filing RCR if she does not join? Your filing time for Divorce will not be reduced.  You have only one option being MCD. File it after completion of one year of marriage after which you shall have to wait for another 6 months.

1 Like

Seeking Help (selfE)     03 August 2012

Dear Sir, I thought RCR would be proof before Judge that we are living separately since the time of marriage and Judge may reduce the cooling period of 6 months in MCD and I can get divorce quickly than waiting for 6 months in Mutual Consent.

Thank you

r.mahalakshmi (criminal lawyer)     04 August 2012

i do not find any reason for u to wait for one year to get divorced when ur marriage persisted only for 2 days and both are willing to fall apart ., both of u can mutually agree and either one of you can file a petition for nullity of marriage on grounds that the consent for marriage was obtained by force and other can give no objection in allowing the petition and hence both of you are free and need not call this a marriage

 

1 Like

Seeking Help (selfE)     04 August 2012

Originally posted by : r.mahalakshmi

i do not find any reason for u to wait for one year to get divorced when ur marriage persisted only for 2 days and both are willing to fall apart ., both of u can mutually agree and either one of you can file a petition for nullity of marriage on grounds that the consent for marriage was obtained by force and other can give no objection in allowing the petition and hence both of you are free and need not call this a marriage

 

Thank you Madam for replying.

Can you please tell me how much time it will take to get divorce in the process mentioned by you?

Thank you.

Dr J C Vashista (Advocate)     04 August 2012

I concur with the experts views and MCD is the only and best way out Dr. J C Vashista, Advocate #09891152939
1 Like

Seeking Help (selfE)     08 August 2012

Originally posted by : Ashish Davessar

@ Mahalakshmi

 


Giving such unilateral no objection can open the floodgates to future litigation, civil as well as criminal.

Dear Sir,

Will it not be over once we get Divorce? Can she claim in future after getting divorce?


Thank you for your replies.

Avinash Sharma (Sr.Manager)     05 September 2012

Dear all readers / experts Adovocates.

Please read  the Article on Link:

https://articles.timesofindia.indiatimes.com/2012-03-24/india/31233448_1_marriage-first-night-wedding-night

 

The Anulment is possible if there is no wilful s*x from any party husband or wife.

This can be a boon for husbands who face the wife of ardent nature , frigid or having other affairs. This is very common that wife refuses to have s*x with husband and thus showing utter cruelity.

 

Post your comments for broader visibility to all concerned.

Avinash Sharma

1 Like

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