Is annulment possible or mutual divorce better option in situation
26-Jul-2023 (In Divorce Law)
I have been married for 7 months. The marriage itself happened under tremendous mental pressure from my family and I had made this clear to my wife before engagement. Still we both went ahead with it, with me giving in to family pressure and her thinking that things would get better down the road. After 7 months it is still not going well. Also, we haven't consummated our marriage till date. We haven't even obtained a marriage certificate. In such a case, is annulment possible or mutual divorce a better option? Please advise on how to proceed what what should be our initial steps. Few notable points: 1. She was working before marriage and quit her job voluntarily. 2. I had also communicated to her that my business is still in its baby steps and I do not have a stable income. 3. I myself do not own any properties.
This is my response to you:
1. The annulment process will not be possible since it has been 7 months;
2. The court will ask you why you waited for 7 months, even if there was some emotional pressure from your family;
3. It is much better you go for mutual consent divorce i.e. after 5 more months;
4. You can at this stage enter into an agreement to go for MCD after 1 year of completion of marriage;
5. So for 5 months you need to wait;
6. Then the court will again grant you cooling of period of 6 months or you can waive off the same;
7. Once the terms of the MCD, the maintenance etc. are settled then you are eligible to obtain the decree.
1. The annulment process will not be possible since it has been 7 months;
2. The court will ask you why you waited for 7 months, even if there was some emotional pressure from your family;
3. It is much better you go for mutual consent divorce i.e. after 5 more months;
4. You can at this stage enter into an agreement to go for MCD after 1 year of completion of marriage;
5. So for 5 months you need to wait;
6. Then the court will again grant you cooling of period of 6 months or you can waive off the same;
7. Once the terms of the MCD, the maintenance etc. are settled then you are eligible to obtain the decree.
Dear Client,
You both can go for mutual divorce but it is not clear from your statement whether she is also ready and willing to part with you and agree for mutual divorce. If so , it will be possible to go for it.
You can contact me for further advise and guidance.
Regards,
HS Verma
Advocate High Court
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You both can go for mutual divorce but it is not clear from your statement whether she is also ready and willing to part with you and agree for mutual divorce. If so , it will be possible to go for it.
You can contact me for further advise and guidance.
Regards,
HS Verma
Advocate High Court
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In India there are personal marriage laws. Hindu, special, Christian, Arya marriage Act etc
The process for getting divorce is also different as per respective laws.
For your query I assume that you are Hindu.
First of all sec 14 of HM Act does not allow to present petition of divorce within one year of marriage.
That, voidable marriage can be annulled but it must fulfill requirement of sec 12 of HM Act. The consumption of marriage is not happen due to impotence of the respondent. Or if it is not fulfilling conditions in accordance with sec 5 of HM Act.
I think that according to your story you haven't fulfill one of above mentioned condition
So my opinion is that you must go for mutual consent divorce ...for further procedure call me
The process for getting divorce is also different as per respective laws.
For your query I assume that you are Hindu.
First of all sec 14 of HM Act does not allow to present petition of divorce within one year of marriage.
That, voidable marriage can be annulled but it must fulfill requirement of sec 12 of HM Act. The consumption of marriage is not happen due to impotence of the respondent. Or if it is not fulfilling conditions in accordance with sec 5 of HM Act.
I think that according to your story you haven't fulfill one of above mentioned condition
So my opinion is that you must go for mutual consent divorce ...for further procedure call me
You can go for mutual divorce but their should be separation of 1 year after marriage and after filling of petition it will take six months and after six months your marriage will be dissolve for more details you should contact a lawyer
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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