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Nehal Modi (Student)     27 July 2015

Divorce when male was minor during marriage; female a major

I would like to know what is the option available to a male, presently 24yrs 6 months old and female 27 yrs

during their marriage, the male was 16 yrs, whereas female 18 yrs

the marriage has not been consummated yet. the male doesnot wish to live with this lade while the lady is not ready to consent for divorce.

I read in HMA that in such a case either party has to file application within 2 yrs of attaining marriageable age.

 

 



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 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     28 July 2015

Forget about the age when they were married,I prresume it was an arranged marriage.The best option for them is to opt for MCD,which will be easier.9 yrs of marriage and not consummated, too long a period  for mediation or counselling.

Biswanath Roy (Advocate)     01 August 2015

MCD is not possible due to disagreement of wife, hence, LET the husband file a petition for Divorce and accellarate for speedy disposal  by an able Advocate.

prabhakar advocate (advocate)     01 August 2015

You read it wrongly.  Only a wife who has been married before she attains the age of 15 years can repudiate the marriage before attaing the age of 18 years.  In case of husband such provision is not there.  If you want to file divorce, you should show some grounds available in law to get divorce decree.  It cannot be granted just as you do not like her.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     01 August 2015

As marriage is not consumned , marriage may be nully .

prabhakar advocate (advocate)     01 August 2015

As the petitioner husband is the reason for non consummation of marriage, he cannot seek annulment of marriage.

SAINATH DEVALLA (LEGAL CONSULTANT)     01 August 2015

What were they doing all these 9 yrs,I mean to say stayed together or both of them staying in their respective parental homes? What is or was the effort of their parents who were responsible for the marriage? I don't think the boy aged 16 yrs would have volountered for the marriage.


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