Can I divorce my wife after 2 months based on an unconsummated marriage ?

Question

Can I divorce my wife after 2 months based on an unconsummated marriage ?

17-Jul-2024 (In Divorce Law)

Sir/Madam, I was recently married in the Church two months back. Two weeks after marriage, I returned abroad where I am doing my research. The girl had consistently shown disinterest in the marriage. She denied intimacy and did not even allow to put hands on her shoulders during the marriage. She even refused to sit near me. Later She was talking about her lovable male friends during the first night. Now that she is not interested in applying for the VISA to the country in which I am working. All of this has led me to believe that she is into another relationship and is playing around with my life. I want to file for divorce base on unconsummated marriage. what is the law regarding unconsummated marriage divorce ? Can someone please give some proper advise.

Answers (5)

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Adv. K. Venkatesan Adv. K. Venkatesan

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Advocate R. Sundaramurthi LawRato · Accepted Answer · 2024-07-17T18:34:41+05:30

Answer #2

HELLO, FOR FILING A CASE FOR DIVORCE EITHER OF THE SPOUSE HAS TO WAIT FOR ONE YEAR FROM THE DATE OF WEDDING. IF THE CONDITION OF THE MATRIMONIAL RELATION SUCH CAUSING GRIEVIOUS INJURY TO EITHER OF THE SPOUSE AND THE PRECARIOUS CONDITION DEMANDS IMMEDIATE RELIEF THERE IS AN EXEMPTION TO FILE A CASE BY OBTAINING PERMISSION FROM THE JURISDICTIONAL DISTRICT COURT / FAMILY COURT. IN THE MEAN WHILE YOU BEING THE AFFECTED SPOUSE IMMEDIATELY YOU HAVE TO ACT UPON. YOU HAVE GOT WIDER SCOPE AND VALID GROUND FOR DIVORCE UNDER “EXTREME CRUELTY”. FOR MORE DETAILS FIX AN APPOINTMENT WITH ME THROUGH LawRato.

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Adv. R. Sundaramurthi Adv. R. Sundaramurthi

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Advocate Rajaganapathy LawRato · Accepted Answer · 2024-07-17T18:34:41+05:30

Answer #3

The court should get convinced to admit your petition. You may have to substantiate with strong legally admissible and relevant evidence to get out of this relationship. Therefore keep strong grounds to fight this battle.

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Adv. Rajaganapathy Adv. Rajaganapathy

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Advocate Satish Kumar LawRato · Accepted Answer · 2024-07-17T18:34:41+05:30

Answer #4

You can proceed null and void of your marriage for non consummate of the marriage or on the ground of impotency or marriage performed where consent is obtained under threat or fraud or coercion. you should apply within one year. if time limit is over then normal divorce procedure will continues.

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Advocate Murali Krishnan Sanjeevi LawRato · Accepted Answer · 2024-07-17T18:34:41+05:30

Answer #5

The divorce may be processed under section 10 of Indian divorce act. The noncosumation of marriage leads to divorce. If the spouse not to have a physical relationship with other the divorce may be filed.

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Adv. Murali Krishnan Sanjeevi Adv. Murali Krishnan Sanjeevi

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