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Boy filed for annulment but girl is not given her consent


29-Jan-2023 (In Divorce Law)

Just six months old marriage and the boy has filed case for anullment on the grounds of fraud and nonconsummation of marriage,and the first hearing is scheduled.However the girl is now showing willingness to get separated with mutual consent as no party is interested in entering into ugly fight. Kindly advise on how to proceed with stepwise action in this case.Can both the parties jointly approach the court authority for hassellfree anullment? Will this need to withdraw the already filled application or otherwise? Kindly reply specifically to the points raised here and any special suggestions

Answers (3)

Answer #1
756 votes
When both are mutually agreed to annul the marriage and the ground of non consumption marriage is taken hence, will get hassellfree annulment . There is no need to withdraw the present application . Only they will have to convert the said application u/s 13(1)(b) /13 (2) of Hindu marriage Act.
Answer #2
957 votes
Dear client if girl will give consent for annulment then she will get nothing from boy. Instead of annulment she have to go for mutual divorce. She will get divorce easily and will also get alimony with divorce. For any legal help call me

Adv prasad patil

Pune
Answer #3
938 votes
yes both the parties may application to convert the earlier petition into U/s 13 B i.e. divorce by mutual consent. after filing application court will give 6 months time for reconsideration and after six months court will again ask the final decision of both the parties accordingly the judgment, decree and order will be passed.

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