Divorce Due To Non Consummation Of Marriage
30-Jul-2023 (In Divorce Law)
I separated from my nri husband after one year of marriage because of non consummation of marriage from his side. It has been 1 year since we have lived completely Separately. He is not agreeing for divorce. Pls tell what rights I have as I am not willing to continue with him due to mental torture caused in that one year.
I have perused your query and would advise you to file a divorce petition under section 13 of the Hindu Marriage Act on the ground of Cruelty. It has been observed in various judgments that non-consummation of marriage by itself constitutes mental cruelty and good ground to grant divorce. For further consultancy and legal services you may contact us.
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hello client as you have said uou are not willing to continue this marriage any more and you both are seperated from each other since one year so in this matter if your husband is joy getting agreed for divorce still you can obtain divorce and you can get free from this relationship which is just for name sake. you get seperated even if ur husband is not willing to to get seperated.
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You have a strong case of Divorce on the ground of cruelty, mental agony and duress. You may file for Divorce irrespective of your husband's consent. For further information/clarification, please do not hesitate to get in touch.
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you can file a divorce petition in the court of law. there are two ways of filing divorce petition mutually or by contesting if he doesn't agree to get divorce by mutual consent.you can also file maintainance case against him and he is liable to pay you.
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