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vj (Engineer)     15 September 2008

Divorce of unconsummated marriage of 4.5 years

Dear Respected Members/Lawyers ,

This is my first post on this forum.Forgive me for straight away posting a query before involving myself in the community.The details here are for my friend who is away on long tours of duty due to the nature of his job.

1.He got married about 4.5 years back.Due to the family problems and serious illness of both inlaws {hospitalisation} within 1st few months of marriage,he was helpless to stay with in-laws so that wife could be close to parents as they were seriously hurt in accident.

2.Later he planned to shift to his native city along with his wife but his family had some problems to accomodate him and his wife as his sister was going through serious depresion and they feared it could worsen her due to the further complex she may get seeing us start our married life happily.So he tried purchasing a new property in his city

but was unsuccesful.

3.He planned to finally settle down in a rented house in his city but wife was not very confident to live alone during his long tours of duty and hence he decided to stay back in his wife's city close to his in-laws ,but his in-laws convinced him to stay in their house thus saving the effort to run a separate establishment.

4.However during this period relations between him & his wife worsened due to interference and lack of freedom for a normal couple for simple things like eating out or watching movie.He was made to feel guilty for going alone and in laws behaved odd whenever they returned from their romantic time together.

5.Ultimately the relationshp and attraction between the couple got worse and now they have only hatred and misunderstanding between them.However they shifted into their own flat 1 year back,but things  have gone worse between them.

6.Due to the nature of his job requring long tours of 6 months away from home,and the bad vibes now between them they have not consummated the marriage and don't intend to.They are contending divorce now

Please clarify following points>

1.They have been away from each other for more than a year now .Are they eligible to

  apply for divorce by mutual consent.

2.What are the chances of getting an early decree & how soon will that be.

3.Can the wife apply for annulment of marriage after so long cos I heard that annulment possible in 1st year of marriage.

4.If they agree for mutual consent can a lumpsum amount during the decree relieve him of life long alimony

5.Since the wife is gainfully employed can she still file for lifelong alimony

6.What happens to the right on property owned by husband.Can she claim on sale and proceeds right

7.In regards to jewellery gifted by husband and other items can present market value be deducted from total cash compensation being agreed upon.

8.Can the husband file in his own town instead of wifes town

9.Can the husband go about his long tours of duty{6 months} if there is a call for his attendance for court or will it affect his career seriously and force him to change his job.

I understand that this a very long post ,but I request the esteemed members to kindly take it in the right spirit and help a lost couple to recover their right to a happy life instead of going thro the motions of life in the marriage.

Thanks to all in advance for replyin with patience!!!"smiles"


 5 Replies

Guest (n/a)     15 September 2008

well, wen problems between 2 countries can be sorted out wid d hepl of dialouge, dis problen too can be sorted out..Our indian law never wants any couple to part..i think d couple shud approach sum elder to sort out things..bt if they adamant to take divorce den d oly suitable way is by mutual consent....i still stand to my point dat d couple shall unite again n start a new life..

vikas mishra (ADVOCATE)     15 September 2008

For divorce through mutual consent couplr should stay away from each other for 1yr and application is filed in the court , it is after six months they will able to get divorce by mutual consent , since wife is also working now it depends how much salary she draws,they should work out compensation by mutual consent

Himanshu Prabhakar (Advocate)     16 September 2008

Dear VJ,

if you friend had finally decided for divorce and if the divorce is the only remedy then no one can stops you. as far as ur problems are concern the replies as like this.]

1. yes, the are eligible.

2. depends how much they cooperate with the court, if they always come on the  date fixed then they easily get the decree within few months time.

3. you havent mention whether she is working or not or if she is working how much she is earning. but in your question No. 5 you mention it that she is earining well, i dont think that the court can order for any compensation to her, if she is not working then she can demand.

4.yes, if she wants / agrees a lumpsum amount .

5.see reply No. 3

6. already replied.

7. No.

8. you can file where the marriage arranges or where both last resides.

9.if he wants to go then he can take the premission of the court that he will be away on the next date so kindly exempt his presence.

vj (Engineer)     19 September 2008

dear mr Prabhakar,

thanx for the reply.

Ref point 3 ,can wife apply for annulment as the marriage is not consummated after 4.5 years

Ref point  2,i heard that in case of mutual consent divorce ,it can be got in 3 months

With ref to Mr Vikas reply,is it true that they should wait for 6 months for applying.What things can be done to speed up the decree in 3 months

Thanks again

bhavin (ADVOCATE)     22 September 2008


Ans. 1:  yes, but here you have not mentioned there name and place so if, your friend is hindu  than he can take advantage of section 13(b)………….they are eligible to apply for divorce by mutual consent, as per section 13(B) of hindu marriage act

Ans.2 As per the section 13(B)  court has to wait for a period of 6 months after filing of application, but in special circumstance it can be waive and court can grant their application before 6 months.

Ans.3-no its not true, she has the right to ask annulment after 1 years. But if u get divorce by mutual consent than u or ur friend should clarify this thing with her and if she waive her right than there is no problem.

Ans 4 .Yes u can,  but if u r giving such money then u should clarify  with her and convinced her that now she can not use her right of annulment  in future and  u  must mention this kind of clause in ur application. (do not mention  any thing about that lumpsum amt )

Ans 5 yes, it is her right.

Ans 6 she can’t

Ans 7..yes its
ur mutual thing.

Ans 8 .yes you can

Ans 9 no not at all


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