I have been married legally since 2015 without informing our families but me and my partner never stayed together as husband and wife because it was not made social. My family has given their final words that they won't accept the my partner and their family. Therefore, we have decided to get separated. I wanted to know if my case stands chance for annulment or do we have to go through divorce process?
You can file for divorce by mutual consent
2) in the consent terms there can be a clause that marriage has not been consummated
3) divorce by mutual consent takes 6 months
4) in alternative you can file for anullment of marriage on grounds of impotency of husband as marriage has not been consummated
5) but if your husband contests anullment proceedings it would be long drawn affair
Grounds for annulment are distinct and it has to be applied within one year of marriage. There is no possibility of seeking annulment now. Best option is go for divorce by mutual consent. As marriage is not known, you can keep your divorce secrete.
Section 13 B of Hindu Marriage Act, 1955 provides for divorce by mutual consent if both agree for divorce. Following is the procedure both contact a common lawyer and engage him, it takes six months for obtaining mutual consent divorce.
Document required…
Both are required to be present in court on the day of filing divorce. Court will adjourn the case after six months and on the date court will again ask whether both are still ready for divorce and Court will grant divorce after that.
No second marriage till you get divorce.
As you say that you have been legally married in 2015, if you wish to dissolve your marriage now, you may do so by filing a petition at the family court under divorce by mutual consent. There is no other legal way.
Legally married must be divorced legally. Further legal marriage need not to be concluded with social marriage.
Aside it will be foolish to divorce your wife because of your family members, because there are specific reasons which should be substantiated before the Court during the process of divorce else need to go with mutual divorce.
Annulment petition can be filed only within one year fro the date of marriage and this ground is not an acceptable or valid ground for filing an annulment petition.
You may have to file a divorce case and if she agrees, you may file a petition for divorce on the grounds of mutual consent.
- Under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- If you marriage is not consummated i.e. you not live with her as husband and wife then you can file a petition before the court for the annulment of marriage .
- Further, you both can also file a joint petition for getting mutual divorce from the family court.
Dear Client,
you can not file for annulment of marriage as the time period has lapsed. You will have to go through the divorce procedure.
Thank you
1. You have not informed as to how have you got married. Did you register your marriage? Is there any record that you have been married religiously or otherwise?
2. If yes, then you shall have to get the decree of divorce by filing a Divorce Suit praying for the decree of divorce on acceptable ground.
Annulment is difficult you can try mutual divorce
Hey,
Since you are legally married, the end of the marital relations also has to be done legally for which a court decree is necessary. A divorce by mutual consent is the easiest way out. However, if your spouse is not agreeing, then you can always go for a contested divorce on the grounds of cruelty or desertion. You can't seek annulment of marriage as the one year time period is already over.
Social marriage is not prerequisite/mandatory for divorce.
Marriage certificate is not prerequisite/mandatory for divorce.
if you got married by any means then divorce is must.
After 6 years, Annulment is still possible but depends on both of you.
Else only option is mutual divorce.
Dear Querist
if both of you are ready for mutual consent divorce then go for it under section 13B of Hindu Marriage Act-1955 by filing the petition before the Family Court of area where both of you were married, or where the wife is residing or both of you were reside together lastly.
there is no chance for annulment.
if any of the party is not ready for mutual consent then the divorce petition can be filed based on cruelty or desartion under section 13(1)(ia) & (ib) of Hindu marriage Act-1955
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