Divorce by Mutual Consent

wait till one year of marriage and till then enjoy your married life.

Yeah as rightly said by Rajkumar Sir, u can file a divorce case(mutual or on other grounds)u have to wait for 1year and after filing the case six months from date of filing of case.

If you are sure this marriage is not for keeps or there is no possibility of this marraige being worked out then explore options of Annulment which will save your 1 year. if further assistance is required please write to me on shaheen.advocates@gmail.com

Go for the annulment of the marriage on the basis of non consummation.

It should be applied before completing 1 year of marriage. Also the marital status of both of you (Husband and Wife) will become "Single / unmarried" where as in case of mutual consent divorce, the marital status becomes "Divorcee"

So please act fast and go for annullment of your marriage. Easy, quick and good solution to separate your ways.

sir,

Can you please help me and brief me about annulment and its procedures.

thanks & regards

siva

Hi Siva,

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 s*xual 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 s*xually transmitted disease)
 

Please read follwoing threads carefully where annulment has been discussed. It will clarify your doubts further :

https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=8856&SearchPagePosition=1&search=consummated+your+marriage&searchMode=allwords&searchIn=Thread&forum=35&searchSort=dateDESC&ReturnPage=Search

https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=8567&SearchPagePosition=1&search=consummated+your+marriage&searchMode=allwords&searchIn=Thread&forum=35&searchSort=dateDESC&ReturnPage=Search

https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=8827&SearchPagePosition=1&search=consummated+your+marriage&searchMode=allwords&searchIn=Thread&forum=35&searchSort=dateDESC&ReturnPage=Search

https://www.legalserviceindia.com/forum/display_topic_threads.asp?ForumID=35&TopicID=8083&SearchPagePosition=1&search=consummated+your+marriage&searchMode=allwords&searchIn=Thread&forum=35&searchSort=dateDESC&ReturnPage=Search

Although it is not clear from your posts wether you have any physical relations with your wife  or not. But if there has been no physical relations between both of you then it means that your marriage has not been consummated. Therefore, it can be annuled on the basis of non-consummation of marriage.

Rest of the grounds have been discussed above.

Hope this helps!

Dear Mr.Cool,

my marriage happend under my depressed mind, confused status & also i told my parents about my NON ACCEPTANCE in the beginning. But due to their tiredness of searching bride for me they proceeded this marriage. I was in confused stage as i don't oppose strongly my parents. After marriage there is NO successful physical relation [i am speaking truth to you]. Because of my depression i avoided physical relation. 

In my case bride is 100% willing to co-operate with me to give relief from this marriage. but we need a fruitful solution which should not affect both life in future. because of her parent, cousins & relatives she want a peaceful solution on this. she understand my depression and respect it. she is ready to give mutual consent or annulment. if annulment i feel it would be good for both's future.

please guide me.

Regards

Siva

Siva,

First of all, it was your mistake that you got married. If you were not interested then you would have not married a girl. Just because of your mistake, an innocent girl will have to face so many things now.

I would advise if possible, then please try to adjust with her now. From your posts, it seems that your wife is of very good and adjusting nature, you may not find another girl like this if you remarry. Getting good natrured girls are very diffcult now a days. Seeing you in depression, she is ready for MCD. What would have happened, if she would have filed false dowry cases on you and your aged parents? Just because of your mistake, your parents would have to suffer. Now a days most of the wives are doing like this to extort money and to harrass husband and his family. But in your case your wife has agreed for a peaceful solution i.e. MCD. She never thought about her future after divorce just to make you happy. Its very hard to find such wives, so please rethink about your decision. Marriage is adjustments and verybody has to adjust. What if you remarry after separation, will you be happy with the second girl? What if she reveals her 498A nature after few months of marriage? This has become very common now a days. Please rethink.  This is a genuine advice from me.

If it is impossible to stay with her then only you should hire a lawyer and proceed for annulment of marriage. But please think 1000 times before acting on this option. You may spoil your rest of the life after leaving her.

SAVE YOUR MARRIAGE !

Dear Mr.Cool,

All of your points are correct. I thought compromise would lead to a great difficulty in future. Any how i shall discuss with her. If she has strong mind to proceed on this i shall proceed with this. Else shall discuss on your advise.

Thanks

Siva

Hello,

My name is Pooja. Got married in Feb 2009. My husband wants to give divorce as he is completely under the sayings of his mother. His does not want him continue with the marriage and forcing him for the second marriage as told by some "pandit" that he has two marriages in his life. I love my husband very much and dont want to leave him but his mom has made him truly against me and he also does not want to continue with the marriage.I have tried to talk to my husband via mails but he also does not respond to me positively. Please advise how can i convience him and if he can take divorce without my consent. As i dont want to leave my husband

@Siva,

From your posts, no great diffculties of future can be felt. Anyways, it's your life and you know better than us. But please think positively before taking any step. Wish you a happy married life.

POOJA ji, it appears that u r not staying with u r husband,u can file a Petition for Restitution of Conjugal Rigths,U r husband cannot take a Divorce without u r knowledge,Before that ,Talk to u r husband or email him as i see is the mode of u r communication with him,also make it clear that u dont want divorce and take him to a Family Counsellor if there are any in u r locality.

Hi Pooja,

It seems that you are living separately from your husband (as you are communicating via e-mails). If yes, then why?

Now please keep the following points in mind -

• Both of you need marriage counselling so better approach a good marriage counselor before it is too late.

• Do not file any court cases against your husband or his family members as it will destroy your married life and there will be absolutely no chance of saving it. These type of matrimonial issues can be resolved amicably and not through court cases.

• If possible then, go out and spend some good quality time together in the evenings or go out of stations for a couple of days vacations. Discuss this issue amicably. After all both of you have to live together.

• If he still doesn't listen to you then arrange a meeting of elders from both the sides and discuss the issues calmly and politely. Do not create fight scenes during that meeting.

• Both of you need to adjust to live happily.

No, he can not take divorce without your consent legally. If he manipulates the things then he can get an exparty divorce but you will have a period of 90 days to get it cancelled (set aside).

Think positively and approach him.

All the best!

PS: Would recommend you to start a new thread of your own to discuss your issues.

Dear Shiva,

You are so lucky that you have got such a good wife even knowing that after giving divorce to you her life will become hell for her than too she is supporting you. Try to understand it in practical way if she can support you in this type how much she will be supportive to you in your whole life. What i will suggest you to dont divorce her. Everyone have some difficult phase in their life but after every dark night there is alway morning (Hope of light). better you discuss your problems with her and tell her to advice you somthing to come out from this situation as womens are the best decision maker and easily adjustable to any situation so she will definately will help you and one day you your self will love her for her best.

Go to any hill station with her start indulging physically as she too had some dreams for her husband.

So start enjoying your married life and think positive.

Remember if you think you can you are right and if you think you cant you are right.