Marriage not consummated can I file for annulment

727 votes

Annulment of marriage isn't possible as there is no such ground to declare it null and void. Both were consented parties at the time of marriage.
If she is agree then immediately file divorce under mutual consent.

LawRato LawRato

988 votes

Hi
You can file annulment before the family court.
You will be governed under Hindu marriage act.
This petition has to be moved one of you.
Still court will direct you for counseling where you both can decide your terms for relief of annulment.

Advocate Rohit Shaligram LawRato

718 votes

Divorce by mutual consent is addressed under S. 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criteria. The marriage must be beyond reconciliation, and presenting a petition for divorce together does not indicate amicability. Consent, however, must be free. If after 6 months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce.

Advocate Nilesh Y Thengre LawRato

743 votes

yes definitely you can file an environment petition before the court on the basis of non consummation of marriage within one year from the date of marriage after one year this petition cannot be entertained by the court

Advocate Akhil Verma LawRato

539 votes

Dear Client,
Sorry to say your marriage is unfortunate,
legally you can not file for divorce so early , as there is time bar of One year for fling divorce, how ever, there are in certain circumstances in case of mutual divorce, where there is six month time bar after one year. That six month can be waved in specific conditions to the satisfaction of the court.
You may contact for legal advice and guidance contacting on my number or by email for online paid service.
Tbanks

Advocate Sanjay Kr. Jha LawRato

940 votes

Hi,

I’m considering that yours was a marriage solemnised as per the Hindu customs. Please correct me if it’s not.

In that case the Hindi Marriage Act, 1955 applies for all matter related to Hindu marriages.

For your knowledge, please read section 9 of the said Act: Restitution of conjugal rights.-

(1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Now, if you want your wife to remain wedded to your good self, then you must file for the above right. Please note that burden to prove shall be on you.

Feel free to contact me for further discussion. Shall be happy to extend my professional legal services.

Best regards,

Kabir

Advocate Kabir Hazarika LawRato

906 votes

Dear client,

Please file case under section 9 of Hindu Marriage Act in the family court. Dear client section 9 says asking your spouse( in ur case ur wife) to live with u. Dear client u cannot file annulment of marriage. Dear client for more clarification u can contact me and I m happy to help u.

Advocate Mudassar Khan LawRato

955 votes

This depends on what you wish to do.. in case you don't want to live with her anymore, you could file a divorce petition.
else you can also file a petition to get your wife back.

these can easily be solved via mediation as well as the matter is not so old. probably time is the essence in your case.

Advocate Abhisree Saujanya LawRato