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Sherin (Home Maker)     30 June 2015

Divorce by annulment?

One of my friends husband was drinking and into womanizing after marriage ... after about two months into delivery of their first kid. In spite of all the efforts, he did not change but refused to let her lead her life ... he does not work much, drinks (claims to have stopped now) and claims he is no longer with other women ... it has been more than a year since they're staying separately ... however, he is refusing a divorce and says he will wait .. she does not trust him anymore and does not want complicate her life further ... they're suggesting she opt for marriage by annulment on grounds that they have been separate for a year or more. Is it possible? 



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 7 Replies

Adv Shrikiran.B (Advocate)     30 June 2015

Hello Sherin,

Annulments are rarely granted and when they are, very specific circumstances must exist.

Was the husband under the influence of drugs or alcohol at the time of the marriage? If yes, the wife may need to prove that in court as being under the influence of drugs or alcohol at the time of the marriage is a ground for annulement. However, the best option would be to let the wife file a divorce on the basis of cruelty,adultery and desertion as one year has elapsed since they were together.This may work.

 

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Adv k . mahesh (advocate)     30 June 2015

keeping the kid in mind some solution can be sort out by discussion and if you want divorce then try to pursude him for mutual consent divorce with one time alimony which is fast and stress free and if you file divorce how much time it will take cannot be expected

Adv. Chandrasekhar (Advocate)     30 June 2015

In the given facts, annulment is not possible.  Try for mutual consent divorce.  If he does not agree for that ( you said so), file divorce on the ground of cruelty.  Desertion is not available as two years minimum separation is required.

Dr J C Vashista (Advocate)     01 July 2015

I agree with experts advise. There are different circumstances and conditions for annulment of marriage, which has gone deep in the history when the couple has a kid.

Just discuss the matter for an amicable solution seeking help of elders, relatives, marriage counsellors, common friends, neighbours and/or any other respectable person(s).

I would not advise for a legal recourse available to the couple in the given circumstances, since there is some "misunderstanding" between the partners which is neither so serious in nature to decide for a divorce nor it is impossible to resolve amicably. The partners have to reconcile not only to save the marriage institution but also for the sake of baby.

Best wishes.

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SAINATH DEVALLA (LEGAL CONSULTANT)     01 July 2015

MCD the only possible way should be a last resort.Better try to repair the damage incurred by way of counselling and mediation.

Advocate Ravinder (Advocate/Attorney)     02 July 2015

Annulment grounds are different and divorce grounds are different.  Sec. 12 of Hindu Marraige Act deals with Voidable marraiges which includes Annulment. Your case does not come under the above category.  You can file divorce under the ground of adultry and cruelty. 

sansh (not working)     04 July 2015

Originally posted by : B.Srikiran Advocate
Hello Sherin,

Annulments are rarely granted and when they are, very specific circumstances must exist.

Was the husband under the influence of drugs or alcohol at the time of the marriage? If yes, the wife may need to prove that in court as being under the influence of drugs or alcohol at the time of the marriage is a ground for annulement.
 

being under the influence of drugs means? being stressed with marraige activities one may rely on drugs to keep strength. is it to be proven that drugs were so effective so as to not know that he is being married or not, or unable to make a rational decision?


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