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Annulment of marriage upon voluntary separation


25-Sep-2023 (In Divorce Law)
What is the process for wife to file annulment of marriage since she is living separate from the husband without any contact whatsoever for over 30 years? Is mutual party consent required, or do existing laws allow for annulment? Does this require the person to be physically present in India?
Answers (5)

Answer #1
853 votes
Annulment of marriage and mutual divorce are two different reliefs based upon different legal grounds. If your wife is not willing to stay and you also want to get separated, mutual divorce can be filed. It is not mandatory to be physically present for the preceding, you can appoint a person in your behalf to appear in court and you can join virtually for the same. For any further clarification feel free to contact Thanks
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Advocate Bhawana Pandey

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Answer #2
974 votes
divorce case be filled in Indian on the ground of separation and its not mendetry for other party to be present in the court. there are procedures which judges will follow before giving you divorce decree.
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Advocate Rajesh Kumar

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Answer #3
996 votes
It won’t come under annulment, rather you need to file suit for divorce under the grounds as applicable, staying separately for so many years despite of requesting to come in also the party of cruelty ! If your spouse doesn’t attend the court then court may grant you exparte decree Thanks in b in touch
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Advocate D. Khan

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Answer #4
766 votes
If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

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Answer #5
526 votes
There cannot be annulment of marriage on this ground. Living separately for 30 yrs becomes a good ground of divorce under the Hindu law . if you file divorce case on this ground you will definitely get divorce . there can also be mutual consent divorce if both the parties agrees to it.
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Advocate Pratima Sharma

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