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Options available for non consummated marriage and one year not over
10-Jul-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
Consummation is an integral aspect of a marital relationship. But non consummation is is only a ground for divorce for a wife if the reason is impotency of the husband. for husband it is a ground for divorce as well but the ground is renamed as cruelty. so non consummation for husband is called cruelty. as far as annulment is concerned this ground is neither available to husband or wife if the marriage is otherwise valid. since it is a divorce the pre condition has to be satisfied and proceedings before one year is ordinarily not allowed unless you can show extraordinary hardship and that too lower courts do not usually grant you leave and the divorce before one year can only be obtained from the high court.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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Can a wife get a divorce without her husband's agreement?
If one party to the marriage does not agree to divorce, then the only way to get a divorce is to go to court. This type of divorce is known as a contested separation. Both husband and wife can be divorced without consent. 25-May-2021
What happens if marriage is not consummated?
Divorce is granted for willful refusal of marriage consummation. You should declare your marriage null and void on the grounds that it has not been consummated because of her behavior.
What are the legal consequences of Unconsummated marriage?
Impotency: Marriages that are voidable due to incapacity to consummate their marriage. In addition to being sterile, the spouse must also have an incurable disease. You can get an annulment even if you have never consummated your marriage. Divorce is the legal ending of a marriage.
For mutual consent divorce and contested divorce both the parties required to wait at least one year from the date of marriage.
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent and otherwise file a contested divorce petition.
Mutual consent divorce is simple way for dissolve marriage legally. And mutual consent divorce is less time consuming from contested divorce.
but without detail discussion proper consult is not possible.
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent and otherwise file a contested divorce petition.
Mutual consent divorce is simple way for dissolve marriage legally. And mutual consent divorce is less time consuming from contested divorce.
but without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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yes u can file divorce after 6 months of marriage. u can file mutual divorce if u and ur wife mutually agreed for same reason. then both parties mutually can sign petition and other legal papers. time for mutual divorce more or less is 6 months from the date of filing.
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Adv. Pallavi Saha
Barrackpore | 25+ Answers
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