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Options available for my case before an year
29-Jun-2023 (In Divorce Law)
I got married in year end 2020. My wife had initially said that she takes time to come close and never consummated the marriage. We have been living separate due to work profiles. She has stopped talking to me over stupid reasons and every time i try to talk some new issue is given by her. Her family and she are adamant to get divorce. They keep on repeating that she wants a mutual divorce and that it cant be done before an year. It was good in the start before marriage and i suspect there is something fishy in all of this. Can i file for anullment citing non consummation? Or if not can i cite no physical relationship and file for divorce before an year? She has refused to talk or stay with me at all.
Annulment of marriage has certain grounds, however the ground you are suggesting is not covered under the same. Moreover you can take the benefit of the proviso of section 14 of HMA which suits as per your case and can file for divorce. However you need to give complete details to know what remedy suits best to your case. Please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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Yes you can go ahead and get the marriage annulled. Also you can file for mutual consent divorce as well. Either of the process will get you relief out of this situation. And for annulment you must do it within a period of 1 year.
I hope my advice helps you in any kind.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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According to the facts stated, the grounds for filing an annulment are certainly not applicable in your case. However, you can file a divorce based on the exception contemplated in the proviso to Section 14 of the Hindu Marriage Act, 1955. But in order to give you a suitable legal advice, you need to share complete and elaborated details for the same.
Thank you
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Adv. Jia Kapur
Delhi | 200+ 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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