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Annulment of marriage on grounds impotency
18-Nov-2023 (In Divorce Law)
Hi, My entire family is extremely worried about my sister who is going through a very difficult marriage. Its been a year but her husband has not consumated the marriege yet.This seems to be a clear case of impotency of her husband.She is under extreme agony & was under tremendous mental pressure & have decided for seperation. Since the marriage has not been consumated she & our entire family want a null & void. I would like to know how 1) She would file for a null & void marriage 2)How long the case would take to resolve 3)What are the compensation she can claim as a penalty from her husband. I am saying this because we belong to a lower middle class family & have spend quiet a lot on her marriage.4) How much it will cost for my sister to fight the case.She is very upset & we are concerned about her future. Please advice. Please note both husband & wife are hindu...we had a typical arrange marriage with marriage registry done on marriage day under hindu marriage act.
Yes it is a very good ground for divorce and she can get a divorce within 6 months time or if requested to the court she can ontain it before and she can get alimony in terms of property and/or cash and can take all stridhan.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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HI... in responding ur legal queries, item to advice u that although it is untold whether the said marriage is solemnized under provisions of Hindu Marriage Act other Special Marriage Act. still according to ur version there is specific provision for nullifying the said marriage in both the acts. u can take plea for either nonconsumation of marriage or Impotence. plz. discuss the matter in details with Lawrato, for proper advice & further proceedings in the matter.
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Hi,
Let me answer your query one by one:
1) She can file for nullity of marriage. But be prepare for a good battle ahead.
2) The case may take good amount of time depending on few factor which needs to be discussed.
3) If she is filing for nullity she will not be entitled to any alimony.
Apart from it there are other issues which needs to be discussed to give you detailed advice.
Let me answer your query one by one:
1) She can file for nullity of marriage. But be prepare for a good battle ahead.
2) The case may take good amount of time depending on few factor which needs to be discussed.
3) If she is filing for nullity she will not be entitled to any alimony.
Apart from it there are other issues which needs to be discussed to give you detailed advice.
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Marriage annulment is very common. To get an annulment, a person first needs to meet the residency requirements of the state that they live in. The jurisdictional requirements are similar to those required for dissolution or divorce: one of the parties must live in the state where the marriage annulment is filed for a continuous ninety-day period. Similar to a divorce filing, marriage annulment case proceeds with a filing, petition, summons, and ancillary documents. An annulment case can be initiated by YOUR sister. The grounds for marriage annulment are stated in the petition. The annulment procedure is similar to that of a standard divorce. A divorce can be much more complicated than an annulment.
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Adv. Sachetan Ghosh
Kolkata | 25+ Answers
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