Marriage cancellation due to non-cosummation
22-Oct-2023 (In Divorce Law)
I got married in Nov 2017 and got it registered in subregistrar office. As I was studying, I stayed with my parents till my course ended in March 2018. my husband was giving reasons to avoid consummation. He never used to come to my place unless I request him and his family a lot. I thought its the distance that is seperating us so once my education got over, I immediately moved to his place. He had a complete change in personality by then. He stopped talking to me and started blaming me for silly stuff. His refusal to be with me was torturing me mentally. I stayed there for 3 mnths. But he asked me to go out n get married again with no reason. It broke me completely. I came back to my parents place and it's been 4 months. From the start till now, we never had sexual intercourse. I came to conclusion to divorce him to which he will agree as well. Kindly tell me what are the legal sections and options that I have to get seperated? What documents do I need? Kindly help.
Mutual consent Divorce Procedure and complete guide
What is Mutual Consent Divorce?
Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.
Procedure to get Mutual Consent Divorce:
Here are some of the requirements of getting divorce by mutual consent
Mutual consent
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent.
NOTE (1): Since you wedding has solemnised in the month of November 2017. You will hav to wait for one year to complete i.e. you can send a Legal Notice through Advocate in the 1st week of November 2018.
NOTE (2): Find a strong ground for divore. The mutual consent divorce is decided only pertaining on a strong ground.
My advise: Since you husband is neglecting for consumation and acting weird Based upon your query I feel he is impotent.
If he impotent and agrees to the fact then you can proceed with the major and strong ground for mutual divorce.
NOTE (3): You will have to press on maintenance. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will have to demand maintenance or alimony as well. Only when all the above issues are resolved the mutual consent divorce is possible.
List of documents for mutual consent Divorce:
Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
4-5 recent photographs to be pasted on petition and agreement.
Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
Id card with address proof
NOTE (4): you must carry originals at time of court hearing.
Court Hearings:-
At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.
Common questions like date of marriage and separation?
Consent is without any coercion or undue influence?
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sign on their respective statements.
Conclusion of Mutual consent divorce Proceedings:
After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.
If you need more assistance you can contact me so that I would help you draft a Legal notice.
Thank you
Regards-
Advocate Ganesh B.R. High Court of Karnataka, Specialised in Family Cases, Bangalore.
What is Mutual Consent Divorce?
Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.
Procedure to get Mutual Consent Divorce:
Here are some of the requirements of getting divorce by mutual consent
Mutual consent
As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent.
NOTE (1): Since you wedding has solemnised in the month of November 2017. You will hav to wait for one year to complete i.e. you can send a Legal Notice through Advocate in the 1st week of November 2018.
NOTE (2): Find a strong ground for divore. The mutual consent divorce is decided only pertaining on a strong ground.
My advise: Since you husband is neglecting for consumation and acting weird Based upon your query I feel he is impotent.
If he impotent and agrees to the fact then you can proceed with the major and strong ground for mutual divorce.
NOTE (3): You will have to press on maintenance. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will have to demand maintenance or alimony as well. Only when all the above issues are resolved the mutual consent divorce is possible.
List of documents for mutual consent Divorce:
Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
4-5 recent photographs to be pasted on petition and agreement.
Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
Id card with address proof
NOTE (4): you must carry originals at time of court hearing.
Court Hearings:-
At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.
Common questions like date of marriage and separation?
Consent is without any coercion or undue influence?
After basic questions the couple move ahead for verification of original document and hearing is concluded once they sign on their respective statements.
Conclusion of Mutual consent divorce Proceedings:
After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.
If you need more assistance you can contact me so that I would help you draft a Legal notice.
Thank you
Regards-
Advocate Ganesh B.R. High Court of Karnataka, Specialised in Family Cases, Bangalore.
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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