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What remedy is there when the spouses are not living together
11-Jun-2023 (In Divorce Law)
I am hindu male. I had married a year ago but nothing else than the marriage happened. I mean not for a single day we stayed together as husband and wife. Besides she has incapability to perform a wife's duties because she has been suffering from Borderline Personality Disorder. In this situation I am willing to get out of this paper-only husband wife relation. So what can I do now ? She lives with her parents , 800km away from my house since the signature. Should I apply for void marriage or ex parte divorce what else ? I do not have any strong idea about law. Please help.
It seems your marriage is not consummated. But there are 3 aspects that needs to be looked into which many wont even bother to get even close. 1st, if marriage not consummated, marriage is not complete; 2nd you were not informed about her ailment before you were married to her which in itself is fraudulent in nature and 3rd is if you have an ailing wife, you just cannot leave her. So it is the sole discretion of a judge to consider to set you free.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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If your wife agreed for divorce then file a joint petition for divorce by mutual consent. Otherwise you can file contested divorce petition before the court .
And without detail discussion proper consult is not possible.
And without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Please be informed that not performing of relationships duties is a ground to seek divorce. Recently the Supreme Court of India has ruled that parties staying aloof more than a year without consummating is a ground to get divorce.
Please take the help of any Avocate and file a divorce petition.
Please take the help of any Avocate and file a divorce petition.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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