• Divorce / annulment time in short non-consummated marriage

Hello
I got married earlier this year via arranged marriage route. We stayed together for 25 days. 

My question is how much time will take us to separate ? We are thinking of getting divorce amicably. But one lawyer said this process will take at least 2 years !! 
But we are wondering if there is chance we might get annulment, if we go via mental cruelty route ? The same lawyer said it will still take 2 years...

She had bipolar/borderline disorder . 
I knew of this, but had no idea of severity of her mental condition. Those 25 days were torture for me. She also had other issues that she hid from me. I ignored all those.. but they eroded my trust.

We never had sex. I was under a lot of stress, half our days were spent fighting, she also had hygiene issues. But mostly it was her paranoia/anger issues. 
Towards the end She wrote a whatsapp message to my family accusing me being impotent. I had gotten tests, met Dr, who said I was potent. I also did ejaculate several times on her body as well.
She also wrote other things that were false, like that I never got intimate, I have proof of this being false. videos, her own words etc.
Also several whatsapp chat examples of her being 'cruel'

In another mail, she also wrote a a scathing criticism of my mother. It was very silly. My mother didn't do anything wrong, not even a tiny thing. The letter only contained text like "your mother must be happy to see us fight"
 . "she didn't smile, when I praised her" etc.

Also have a letter where she was sort of confessing " I am cruel, I am a criminal" etc.

Should we go for 'mental cruelty' or amicable divorce ? I prefer amicable, but 2 years is sooo long. I am already in my late 30s .. Would annulment be faster ? 

Thank you !
Asked 7 months ago in Family Law
Religion: Hindu

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14 Answers

Best option is to file for divorce by mutual consent 

 

2) you need to stay separate for period of one year before filing for divorce by mutual consent 

 

3) mutual consent divorce takes 6 months 

 

4) contested divorce cases take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

You can go for amicable divorce and waive the period of separation through permission of the court

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

In annulment in case she doesn't appear or she files no objection in reply to our petition to annulment, it may take less time.  For mutual consent one of the conditions is to be living separate atleast for one year and then MCD (first motion) is filed and second  motion is filed after six months which may be reduced to 15 days if sufficient reason is given as per SC judgement. 

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

1.  There can't be any prescribed time limit for Annulment of Marriage.  It may take only six months or sometimes it may take three to four years.

2.   Best is to opt for the Mutual Consent Divorce, which saves time and money.  However for that the husband and wife should have lived separately for a minimum period of one year. 

Shashidhar S. Sastry
Advocate, Bangalore
5412 Answers
329 Consultations

From a psychiatric perspective, a Hindu marriage is voidable according to this law if either party:

  1. Is incapable of giving a valid consent as a consequence of unsoundness of mind or

  2. Though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, or

  3. Has been subject to recurrent attacks of insanity. In the above-mentioned three circumstances, the marriage can be held null and void. Additionally, if the marriage has not been consummated due to impotence of the respondent, the marriage can be considered null and void. Also, the marriage can be considered null and void if that the consent of the guardian was obtained by force or by fraud; or the respondent was at the time of the marriage pregnant by some person other than the petitioner.

If she is reported to be suffering from borderline mental disorder which do not incapacitate her for this marriage then you may not be able to get the marriage nullified by annulment of marriage.

For a decree of nullity, it is essential to prove that the ailment rendered the respondent incapable of marriage and the procreation of children.

Whereas in your case she was very well capable of marriage hence you have no chance to file an annulment petition on this ground.

However as per to the Section 13 of the Act, divorce or judicial separation can be obtained if the person has been “incurably of unsound mind,” or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

As your marriage is not  completed one year yet, you can file a petition under section 10 of the HMA for judicial separation which can subsequently be converted to divorce after one year, so that you can get the relief of living separately away from her without being subjected to the acts of cruelty from her side.  

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

- Section 13B (1) of the Hindu Marriage Act, 1955 has given legal right to the husband and wife to dissolve their marriage by a decree of divorce after filing a mutual petition on the ground that they have been living separately for a period of one year or more, and both are not able to live together as husband and wife, and both have mutually agreed that the marriage should be dissolved.

- Hence, there should be separation period of only one year for filing a mutual divorce petition

- Further, you can get the Mutual divorce decree within a short period of time; otherwise a contested divorce takes long time to be decreed.

- If she is agree to amicable settle the dispute then you can proceed for mutual consent divorce , and the divorce decree can be passed within a short period of maximum 6 months. 

-  Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- Hence, if she not agreed for mutual divorce then you can file a contested divorce on the above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

Dear Client,

If both you and your spouse are willing to cooperate and reach agreements on key issues such as property division, child custody, and spousal support, an amicable divorce can generally proceed more smoothly and quickly. Annulment essentially declares the marriage null and void, as if it never existed. Grounds for annulment typically include fraud, duress, or incapacity to consent to the marriage, such as mental illness. Mental cruelty could potentially be grounds for annulment; Annulment might be faster than divorce. If you decide to pursue divorce on grounds of mental cruelty, you'll need to gather evidence to support your claim. This evidence might include documentation of abusive behavior, testimonies from witnesses, and any relevant communication such as the WhatsApp messages you mentioned. However, proving mental cruelty can sometimes be challenging and may involve a lengthy legal process.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

Since one year has not lapsed from date of marriage, hence no divorce case can be filed before expiry of one year from date of marriage. If marriage has not been consummated within six months from date of marriage, then case for annulment of marriage can be filed. If wife allege husband then as per medical term a person can be impotent towards a particular woman like his wife but he can be potent towards other women. It is advisable and prudent also to resolve the issue amicably instead of levelling allegation and counter allegation and getting involved in litigation where it is only husband and his family who only would suffer.  

Siddharth Srivastava
Advocate, Delhi
1348 Answers

1. Nothing to harm. Medically a person can be impotant towards a particular woman but at the same time he can be potent towards rest of the world. since mariage is not correct consumated for six months then it is sufficient ground for annulment of marriage. In your case six month time too has not lapsed so no case of annulment on stated ground can be filed. 

2. Judicial seperation is a wastage of time as it does not dissolve marriage so parties cannot remarry till marriage is dissolved by decree if divorce. 

3. Cannot be filed until minimum one year from date of marriage is not expired. 

Siddharth Srivastava
Advocate, Delhi
1348 Answers

1. The case filed for annulment of marriage is another regular case. The court will consider the evidences and arguments for and against and would pass judgment on merits. The burden of proof will lie on the person who relies upon them. 

2. If the ongoing judicial separation case is going on without any progress and by that time,  if the marriage is older than one year,  the petitioner can file a petition seeking amendment to convert it to regular case. 

3. If the parties are living separately for a period of one year or more then they can file the divorce case on the grounds of mutual consent. 

In the affidavit for waiving the six months waiting period,  you can express the strong reasons by which it will no more be possible to rejoin,  then the court if convinced,  may consider your request for waiving the waiting period. 

T Kalaiselvan
Advocate, Vellore
87138 Answers
2339 Consultations

Mutual consent and waiver is the easier from all other options stated above 

Prashant Nayak
Advocate, Mumbai
32479 Answers
201 Consultations

Waiver of one year waiting period and cooling period would not be done for mutual consent divorce 

 

2) it has  to be proved that you are relatively impotent 

 

3) it would affect your second marriage chances as no girl would like to marry impotent guy 

Ajay Sethi
Advocate, Mumbai
96937 Answers
7822 Consultations

Dear Client,

  1. The impact of the "relative impotence" tag in annulment cases can vary depending on cultural and societal perceptions. In many places, impotence might carry a stigma, affecting a person's self-esteem and reputation. Courts may grant annulments on grounds of impotence if it's proven to be a pre-existing condition that was undisclosed before marriage and renders the marriage unconsummated. Proving impotence typically requires medical evidence, and courts may grant annulments sparingly, especially if there's doubt about the validity of the claim.
  2. The cooling-off period is categorically included in HMA and the intention of the legislature is to provide the couple a minimum period of 6 months to reconsider their decision and if possible, to reconcile their differences.
  3. In cases of mutual consent divorce, where both parties agree to end the marriage amicably, courts may be more inclined to accommodate requests to waive waiting periods. However, whether such requests are granted depends on the specific laws and discretion of the court. Factors such as the circumstances of the separation, any agreements reached between the parties, and the court's assessment of the situation will influence the decision.

Anik Miu
Advocate, Bangalore
10173 Answers
120 Consultations

1. It needs Doctors report to prove 

2. The cooling period can be waived in mutual divorce , and it is not applied in contested divorce 

3. You can move an application for waiving the cooling period .

Mohammed Shahzad
Advocate, Delhi
14513 Answers
221 Consultations

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