Me and my wife both love someone else. Because of family pressure we have to marry. Even after marrige there is not physical relation. she lived with me for a month and then she left. we both want to null this marrige. what are the grounds for that . one year is not passed. my wife is ready for annulment of marrige.what am i suppose to do for the same. in her subcast saptapadi/pheree happens and in my subcast it dont happen so she can also say that she dont recognise this marrige since pheree didnt happened.
Dear Querist,
You may file an annulment petition under section 12 of Hindu marriage act 1955 before the family court.
After filling the case, the court will issue a notice to your wife and after receiving the notice, she admit all the facts, the court will declare this marriage null and void, due to the pressure of parents & society. Hence this marriage cannot be said a legal marriage
1)Your wife can file for annulment only on grounds recognised by Hindu marriage act
2) your wife can file for annulment of marriage on grounds that you are impotent since you are unable to consummate the relationship
3) if your marriage is within prohibited degree of relationship she can file for annulment of marriage
4) you can in alternative wait for expiry of one year from date of marriage and file for divorce by mutual consent
consent divorce may be granted by the court before passing of 1 year period. if both parties are agree and there in exceptional circumstance exists then court may pass divorce decree but wife must waive her right to maintenance in writing in the divorce petition. consult an advocate and prepare consent divorce application and file before principal judge family court. on day fixed of hearing, appear and again record your statement before the court. if court found suitable to do so it may pass divorce decree.
1. Not having satfere is not a ground to annul he marriage,
2. Thre are prescribed grounds based on which marriage can be annuled and your case does not fit into the said grounds,
3. Wait for one after which both of you can file mutual consent divorce which will be settled within another 6 and 1/2 months.
1. If both of you are into a positive agreement to end your marriage then you do not need to file for annulment. You have a better option-to file for mutual divorce.
2. Both of you may file a joint motion for mutual divorce. Mutual divorce is hassle free and would conclude in less than half of the time which would be consumed in annulment.
Hi, you can file a petition for annulment of marriage under section 12 of the Hindu Marriage act as the consent of the marriage has been obtained by force so both of you are not interested in the marriage so the court will pass a judgment for annulment of the marriage.
