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Annulment of marriage on grounds of non consumation of marriage


17-Oct-2023 (In Divorce Law)
Hello, I got married on 12th feb 16 the marriage never got consummated my wife agrees on it and is ready to say so in court. We have filed a mutual concent divorce in family court the court says nothing can be done till a one year of marriage passes by we both want to seperate what should we be doing and what options do we have to have annulment of nullify the marriage instead of legally calling it divorce.
Answers (2)

Answer #1
798 votes
As per Hindu law with in 1 year from date of marriage Divorce can not be filed. This fact ur lawyer should tell you prior to file your divorce petition. Further logic behind 1 year waiting is to give the sufficient time to both husband & wife to know & understand each other for happy maried life. So please wait till 13-02-2017 for divorce petition.
Answer #2
772 votes
Divorce can be granted on the ground of exceptional hardship but in your case it is not so.

Non-consummation of Marriage is not such exceptional hardship so as to convince the Court to grant decree of divorce within one year of marriage.

In your case, no decree of nullity can be passed. The Court is right, you will have to wait..

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