annulment in Hindu Marriage act

Question

annulment in Hindu Marriage act

24-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)

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2021-09-24T21:52:36+05:30

Answer #1

HMA also has a provision of annulment on the ground of non consummation of a marriage. You can file for the same before the court having jurisdiction. For any further legal assistance please feel free to contact Thanks

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Advocate Jitender Singh LawRato · Accepted Answer · 2021-09-24T22:39:43+05:30

Answer #2

First of all you must be sure about what do you want to do next. If you want divorce then according to the HIndu Marriage Act the petition for divorce can’t be filed before one year of marriage. But it can always be avoided by filing a application along with the divorce petition.

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Advocate Vishwanath Pratap Singh LawRato · Accepted Answer · 2021-09-24T22:48:07+05:30

Answer #3

hello client as you have mentioned in your case issue above . the answer is yes it can be used practocally also for the perpous of anulment . in your case as you have mentioned above is good case for the anullment but the things are need to be discussed before filling of the case.

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