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Annulment of marriage under sea 25(I) Special marriage act.
14-Jul-2023 (In Divorce Law)
My sister got married about two years ago (5/7/2017) registered under the special marriage aci.It was an arranged marriage with the understanding that social marriage will be arrange later after which will start their conjugal life. However now my sister has a change of her mind and has filed for annulment of marriage under sec25(I) on the ground of her legally husband refusal to consummate the marriage.My questions is(1) Can my sister file for annulment under sec25(I) after two years of registered marriage. (2) what is the better option annulment of mutual divorce and what time to be taken?
(1) annulment not possible as the proceeding needs to be instituted with a year from the date of the marriage. In your sisters case it's going to be two years.
(2) mutual consent divorce is maintainable and a better option as the marriage gets dissolve after one year from the date of presentation of the MCD petition. Bear in mind that it has be be jointly moved by the parties to the marriage. If either party withdraws after the first motion then appeal is maintainable in the Supreme Court for invoking art 142 of the constitution of india to grant relief. Even the cooking period can be waived off by the Supreme Court. For more guidance contact me.
(2) mutual consent divorce is maintainable and a better option as the marriage gets dissolve after one year from the date of presentation of the MCD petition. Bear in mind that it has be be jointly moved by the parties to the marriage. If either party withdraws after the first motion then appeal is maintainable in the Supreme Court for invoking art 142 of the constitution of india to grant relief. Even the cooking period can be waived off by the Supreme Court. For more guidance contact me.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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