Termination of a marriage that was never lived or consummated


A woman of age 27 got me into a relationship with her when I was just 19 years old. I have always been carried away easily by her emotional talks. We were dating for few years and her mother passed away. In about a month after her mother's demise, she got me into a marriage with her, in the grief of her mother's untimely demise. We had a court marriage, without anyone knowing about it, except the witnesses. The very next day after this court marriage, I told her clearly that the marriage was a mistake and it does not mean anything at all. Also, the marriage was never lived in reality. We never have lived under the same roof, nor have been man and wife socially ever. Also, the marriage was never consummated. It has been roughly 8 years to this marriage and we have never lived together in the same home as couples nor has the marriage ever consummated (she never agreed for an intercourse). I am 33 years old now and want to get free of this legally. Please advise.


Answers (4)

As you have mentioned that you were in relationship with the same women before marriage , the basic question arise is that what kind of relation ship was that?? secondly you got married after dating for few years so what is the exactly you want to say. you want to take the divorce because the marriage is not consummated or you want to file the divorce because it was a mistake????
Now regarding divorce you can file divorce under mutual consent if both are willing to take divorce and end this relation amicably and with allegation on each side. All your differences and demands have to settled before filling the divorce petition .
if the opposite party is unwilling to give divorce than you can file on petition and fight for it.


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Hello dear querist, as per your query you can take few steps regarding getting divorce from your so called wife. If she agreeing to get mutually separated then it is well and good and as you said you both are staying separate then too you can file for divorce in the court as you are staying more then the period of 2 years

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You can file Divorce petition before the Honorable Court of your jurisdiction and moreover kindly refer to section 13 of hindu marriage act (if Hindu) wherein grounds for divorce had being clearly illumated and moreover there is juddgement i.e. Sangeeta vs Hitesh Kumar (for your ready reference) which say that sponse refuse to intercourse/consumate amounts to cruelty.

The marriage is registered as you say. Therefore if you want to end the wedlock, you have to approach a competent court to nullify or end the marriage. In Mumbai, Family court at Bandra. for nullifying the marriage certain conditions are to be fulfilled first. If you both agree for a mutual consent divorce would be the best way out.

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