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Annulment of non-consummated marriage if whereabouts of wife unknown
28-Mar-2023 (In Divorce Law)
Dear Lawyers, What law says on Annulment of non-consummated marriage if whereabouts of wife is now known to husband after 6 years marriage ceremony. Wife cheated saying that she is living with her family, but she was doing job and living in a nearby hostel in other city. She appeared once separated husband filed divorce case under sec 13(i). She claimed maintenance under sec 125, by concealing her job. Just got to know that she is perusing job , just after marriage ceremony. Does it comes under fraud, in which I can claim Annulment of this non-consummated marriage.
As the marriage has not been consummated for 1 year straifht, you can file for annulment of marriage or divorce whichever pleases you. Also, if you file a divorce under section 13 of HMA, you can claim divorce because of non-consummation of marriage for 1 year which amounts to cruelty. Also, regarding the maintenance, the marriage has not been consummated thus, she is not entitled for maintenance and she was required by law to provide full details of her employment and you can provide proofs for the same.
Helpful?
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Dear,
It is very difficult to prove that the marriage is non consummated. However, for rest of the issues, it needs to be discussed further in details with sufficient proves.
Regards
Arpit Jain
Advocate
It is very difficult to prove that the marriage is non consummated. However, for rest of the issues, it needs to be discussed further in details with sufficient proves.
Regards
Arpit Jain
Advocate
Helpful?
18+
18+
Adv. Arpit Jain
Delhi | 25+ Answers
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