Mukesh Dave (Student) 29 December 2012

Further query on mutual consent divorce under hma

Dear Sir,

Your Opinion:

You can add more words but try avoiding no physical relationship as some courts take objection in non consummation of marriage which they think to be ground for nullity of marriage.

QUERY:

Thanks for your prompt replies & suggestion.

Now as discussed earlier unless and untill physical or mental impotency / unfit for physical relations of any spouse not mentioned in nullity ground petition & PROVED then nullity case becomes not maintainable . Simple ground of no physical relations between spouse after marriage and marriage was forcibly solemnized as per wish of Girl Parents against Girl wish whether this ground maintainable for getting Nullity?Sir, you also opined that only both spouses marriage NOT CONSUMMATED by physical relation will not be enough for nullity under HMA.

SO ANY RISK BY WRITING IN MUTUAL DIVORCE PETITION TWO WORDS

ALONG WITH MENTAL MISMATCH OR INCOMPATIBILITY RESULTING TO NO PHYSICAL RELATION IN FILLING PETITION?

Thanks lot for all your opinions and answers.

Regards

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1 Replies

Goutam Prasad (Advocate) 29 December 2012

If both parties are ready for divorce, in that scenario there is no need for any ground as emntioned in HMA. It all depends on the consent of both parties. If you both agree and are comfrtable with the words MENTAL MISMATCH OR INCOMPATIBILITY RESULTING TO NO PHYSICAL RELATION, you may write the same in your paetition.

But you should not say for forceful consumation of marriage agaist wife's wishes with her parent's wishes as the same attracts provision of RAPE and hence may result you adversely.

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