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Non consummation of marriage after 8 months
01-Mar-2023 (In Divorce Law)
Hello.
I have been married since 8 months and my wife and I are living alone and away from our family since past 5 months, due to my job being in different city. Even then, we haven't consummated the marriage. I tried to be romantic, caring and thoughtful from my end, but in vain. Earlier she outright refused to kiss me, and did not even want to talk about physical intimacy. But 2 months back, I told her that I can not live in a relationship without physical intimacy and if she wants to live without me, she can do so.
After this her behavior changed and she started kissing me but still she never let me do anything else. Now, after 2 months she has again started showing signs of outright refusal to any physical intimacy.
We have never had any kind of sexual relation in the whole duration of marriage. Neither we had any kind of relationship before the marriage since it was arranged by our families.
What should be my next steps here, divorce or annulment?
Religion: Hindu
Hello Good morning I'm Advocate Vivek Mishra well according to your case you can take steps by taking divorce from each other for further more queries kindly contact me so that I can elaborate you in proper manner thank you
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Adv. Vivek Mishra
Allahabad | 900+ Answers
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dear client as per your query I can only suggest you that as you have said you both are living separate due to your job so give some time to her as divorce is the last remedy if nothing else can be done as if it's not 1 year so can't go for divorce proceedings alone but if both agree you can go for mutual divorce for future paid consultation please contact us with your relevant documents.
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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Under section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation of a solemnized marriage because of the impotency of the respondent is a ground of considering a marriage voidable, i.e. it shall be considered valid until annulled by the aggrieved party.
thus, you'll have to prove your wife's impotency for annulment, which is quite an uphill task. better apply for divorce on the ground of deprivation from sexual relationship.
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refusing to intimate is ground of divorce thereby You should file Divorce petition before concerned family court of your district or You and your Wife may mutually file divorce petition under section 13B of Hindu Marriage Act 1955
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Adv. Saubhagya Mishra
Lucknow | 100+ Answers
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denial of sex is come under the purview of cruelty, so on this ground alone, you can file divorce under section 13 if the hindu marrige act, you can file divorce petition in your concerned family court.
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Dr. Azhar Ikram
Lucknow | 5+ Answers
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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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