REGARDING DIVORCE FOR A MARIAGE STILL NOT COSUMMATED SINCE 19 months

753 votes

if marred is not consumeted then you can have the opportunity for divorce if you don't want divorce then you can file conjugal petition in family court the court will hearing will take whichever you want file petition is your stand is very much imortatan us

Advocate Shankar Bandi LawRato

948 votes

Yes he can apply for divorce on ground of non consumation of marriage which amounts to mental cruelty and deniel of sex for a long time is cruelty and there is a recent supreme court decision on this issue so ask your son to file the case for divorce on ground of cruelty.

Advocate Bharat Narasgouda LawRato

786 votes

Hi....if both are ready for divorce then go for mutual consent by that you can get the divorce within six months and if one party is not interested for divorce then file a contested divorce petition but it will more time to settle the case.
Thank you

Advocate Rama Chandra Shenoy LawRato

941 votes

conumation is necessary for completion of a marriage under any family law. In your son's case a petition for divorce can filed even though 2 years have not lapsed after marriage you have to move jurisdictional district court or family court as the case may be. also filing for a mutuall is easier option.

LawRato LawRato

788 votes

Dear Sir,
On a ground of non consummation of marriage your son can apply for legal divorce. The following information may be perused.
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Dear Sir/Madam,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Advocate Kishan Dutt Kalaskar LawRato