seeking divorce after 4 days of marriage

839 votes

Hi
In this case you have to apply for nullity of marriage.
You cannot claim divorce within one year.
However facts seem favorable for you to get your marriage annulled because the girl is suffering from mental illness.
Contact for further advice.

Advocate Rohit Shaligram LawRato

732 votes

Hello!

The situation you described makes your marriage what is called "voidable marriage". That means you can avoid this marriage. But for that you will have to approach the court for annulment of marriage by a decree of nullity by filing a case for that purpose.

Section 12 of Hindu Marriage Act prescribes as follows:

"(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:

(a) that the marriage has not been consummated owing to the impotence of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent"

You haven't had sexual intercourse with her, that means the marriage was not consummated. This is one ground available for you to file the case. But the hurdle you will have to cross is that you will have to plead and establish before the court that the non-consummation of marriage was because of impotence of your wife.

Another ground you can raise is that the marriage is in contravention of the condition specified in clause (ii) of section 5, that is to say, at the time of the marriage, your wife though was capable of giving a valid consent, had been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or that she has been subject to recurrent attacks of insanity,

Another ground you can raise is that the consent of the petitioner, that means your consent, was obtained by fraud as to any material fact or circumstance concerning the respondent, that means your wife. Such circumstance could be regarding suffering attacks of schizophrenia.

Since not even an year has elapsed after solemnization of marriage, a divorce petition under section 13 would not be maintainable, as prohibited under section 14.

So also staying separately for one year or more, is the requirement of section 13-B for mutual divorce. So that also seems to be out of question at this time in your case.

But there does not appear to be any bar to the case for annulment of marriage by decree of nullity on the ground of voidableness of marriage under section 12 of Hindu Marriage Act.

Advocate Nahush Surendrakumar Khubalkar LawRato

509 votes

You can file petition for void marriage as your consent for marriage was received by false information hence this marriage must be Null and void but this petition can be filed within 1 years of the marriage. For further query you can contact me..

Advocate Shashi Chaturvedi LawRato