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How to convert divorce case into Annulment of Marriage
02-Jun-2023 (In Divorce Law)
Hi,
My divorce case under section 13(1) is still pending with Family court since last 4 years. The marriage is not consummated and happened 8 years ago.
Just after 2 days since marriage wife living separately and since last 4 years we are fighting multiple legal cases like Divorce section 13(1), maintenance u/s 125, DV 498, Purjury u/s 340 etc.
Now both parties going to settle the matter.
Please advise what is best for me as filing divorce again u/s 13(b) again start fresh proceedings and I will loose advantages in two u/s 340 cases.
I want Annulment of Marriage since marriage is not consummated and happened in pressure. Let me know how it is possible.
Do I need to file fresh case?
If both parties are willing to settle than you should go for quashing petition of all the matters and parallely file divorceby mutual consent. In mutual consent divorce you will have to file application for waiver. You will have to tactfully handle the matter for early disposal, take services from a good lawyer for the same.
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Adv. Vibhor Agarwal
Gurgaon | 100+ Answers
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