Procedure to file for annulment of marriage


I got married on sep 2017 in assam. And now i live in delhi. My wife refused to have sex since marriage and now recently she moved back to her home in assam. My question here 1. Can I file annulment of marriage on the ground of refusal to have sex? 2. If i can file then can i file it from delhi? 3. If she agree we didnt had sex how long it will take to cancel the marriage. 4 Do i need to pay any maintenance in this case?

Answers (2)


127 votes

Dear Sir,

1.Yes, you can file a for a divorce on the ground of denial of having sex. It is a valid ground of divorce as it amounts to cruelty committed against you by your spouse.
2. Yes, you can file for divorce in the Courts within Delhi Jurisdiction as you and your wife lastly resided together in Delhi.
3. Usually, it will take minimum 6 months to get divorce, provided the court proceedings take place diligently.
4.The payment of maintenance can be commented upon after taking into consideration the financial conditions of both the parties.

In case you have any further query, feel free to contact.


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96 votes

Hi,

Regarding your query, there are a few ways to approach this.

1) First of all , you can initiate proceedings for annulment on account that marriage has not been consumated. However, these are border-line cases and difficult to prove as the opposing party( your wife ) will deny the same. Ideally, your best option would be to initiate divorce proceedings under the grounds of 'cruelty' where you can also mention that marriage has not been consumated. There is a better chance with this option.

2) Regarding jurisdiction of Delhi to file the case : A Divorce Petition can be instituted in these jurisdictions -
1)place where the marriage was solemnized ( Assam),
2) where your wife resides in Assam- ( Assam)
3) Where you reside - Delhi ( Although you can file the case in Delhi as well. However this option is not preferable, as now-a-days the wives seek a transfer petition whereby the Jurisdiction is transferred to the place where she is residing ( Assam).

4) You may also file a case in the place where you have resided . You havent mentioned where you exactly. Your matrimonial home.

Regarding if she didnt agree to have sex- The marriage may take years before a decree for divorce takes place. However, its dependent on the skill of the lawyer as well.

Do you need to pay maintenance- Although the Courts are sympathetic towards paying of maintenance to women who cannot sustain themselves. This is again, dependent on the verbosity and clarity that the lawyer exhibits to convince the Judge that in view of such a short time span of marriage and cruelty exhibited by her, payment for maintenance is against the law as this was her scheme all along.

If you need further assistance. You can get in touch.
2)

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