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caps (x)     02 October 2013

Hma & annulment of marriage

hi, I would like to know, if there is a provision of annulment of marriage under HMA on the ground of non-consummation of marriage? Its a 7 months old unregistered hindu marriage. Thanks.



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 1 Replies

Tajobsindia (Senior Partner )     02 October 2013

1.    Under HMA especially under S. 12 (1) (a) HMA a marriage can be annulled by a decree of nullity that the marriage has not been consummated owing to the impotency of the respondent.

2.    For ‘non-consummation’ one can state the same under Oath, bring some witnesses and produce such information. But for ‘impotency of respondent’ one needs to bring on record medical impotency reports and (medical) witnesses statement and mere ‘refusal’ for intercourse will not be sufficient to prove once case.

3.    One can bring such Civil Suit within one year of marriage and your brief is eligible to bring such Civil Suit matter in a Civil Court by hiring efficient local Advocate found via reference.

 

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