Dear ram
first of all, the marriage is registred under Hindu marriage act or under Special Marriage act?
If the marriage is registered under hindu marriage act then filed a divorce petition before court based on Cruelty and desertion u/s 13 of Hindu marriage act.
if the marraige has been registered under special marriage act then file a petition before the court u/s 25 of SMA
25. Voidable marriages.- Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage ;or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):
Provided that in the case specified in Cl.(ii) the Court shall not grant a decree unless it is satisfied-
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) the marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of existence of the grounds a decree :
Provided further that in the case specified in Cl.(iii), the Court shall not grant a decree if,-
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or as the case may be, the fraud had been discovered.
FEEL FREE TO CALL
Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262
