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Annulment condition in Hindu Marriage Act


25-Sep-2023 (In Divorce Law)
I married in Dec 2020. My spouse never consummated and we are living separate after just one week of togetherness. Special marriage act has a clause of annulment in case of non consummation. Can such thing be used as a base to argue that marriage may be annulled under HMA also?
Answers (3)

Answer #1
924 votes
Non consummation of marriage can be a ground for annulment if and only if that is due to incapability to consummate. if consummation is because of living separately it cannot be a ground for annulment is otherwise the couple is capable of making the marriage consumable.
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Advocate Tanmoy Chattopadhyay

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Answer #2
966 votes
Yes under restitution of conjugal rights you both can be separated as you both partners are not cohabiting with each other after marriage just for one week togetherness so the marriage can be nullified or void in your matter
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Advocate Priyanka Singh

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Answer #3
844 votes
if u opt for annulment of marriage, it will be in form of contested divorce, which is a long drawn procedure and in the covid era, any attorney would happily pull you towards it, better opt for mutual and set free in six to seven months of filing
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Advocate Aveek Bose

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