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Sandeep (Manager)     11 May 2013

Marriage annulment - special marriage act

We got the marriage registered under Special Marriage Act in Oct 2012 in Howrah. We are living separately since then due to some compatibility issues. There is no consummation of marriage between us still. However, we have decided to get the marriage annulled due to some differences.

Please let us know the procedure and any contact too.

 



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 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 May 2013

You cannot get the marriage annuled on mere compatability issues. For that you will have to seek divorce by mutual consent.

Marriage can be annuled under the special marriage act if it is not consumated due to the wilful refusal of the respondent.

1 Like

Sandeep (Manager)     11 May 2013

Thanks Ma'am..... yes, marriage is not consumated due to certain issues. Pls let us know how to proceed further.

Adv Archana Deshmukh (Practicing Advocate)     11 May 2013

Consult a local advocate who can handle the case. If both of you have decided to end the marriage then, you can file a joint petition for MCD after one year of marriage. For annulment, the case to be filed is a contested one i.e., one spouse has to file against the other, it cannot be filed jointly.

Shantanu Wavhal (Worker)     11 May 2013

one spouse has to file case of annulment.

the respondant spouse, if does not contest the case, then the marriage will be annulled.


the respondant has to be a scapegoat.


is any of the spouses ready for that ?? 

if yes, then annulment is possible, within 1 year of marriage.

Manvendra (DPM)     27 May 2013

Mr Sandeep Verma and Arvind Verma ( Chamber No B136 and Chamber No 127 Tiz harzri Court ) are fraud advocate dont hire them , they will charge both party and double cross both the parties also they dont even communicate, They change petition page after signing for their benifit

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