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Never consummated marriage for 2 years, wanted a way out from this


19-Oct-2023 (In Family Law)
Hindu Marriage Law We have been married for over two years now but never consummated our marriage. In this 2 year span we have stayed together for not more than 30 days. The non-consummation was due to no interest from both parties. At this point we both want to separate. In this regard, is it possible to file for an annulment of marriage or is MCD the easier way out? As per our understanding, annulment roughly means that the marriage never took place and we both want to prove it a void marriage. As we feel that a marriage that never took place is better than being divorced. Any help with this dilemma will be highly appretiated. Thanking you all.
Answers (3)

Answer #1
751 votes
Indian society still not in position to accept the concept of void marriage where both of you stayed together as husband and wife for 30 days. So it will better to file a petition for divorce on mutual consent.
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Advocate Subrata Dey

Adv. Subrata Dey

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Answer #2
874 votes
As per Section 11 of the Hindu Marriage Act it is clearly stated that a marriage can be declared null and void if it contravenes Section 5 clauses (I),(iv) and (v).The grounds which are stated in Section 5 clauses (I),(iv) and (v) to declare the marriage null and void does not matches your criteria. So the only way to get rid of this marraige is by obtaining divorce.
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Advocate Suvajit Ghosh Dastidar

Adv. Suvajit Ghosh Dastidar

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Answer #3
517 votes
you have to go through proper way of divorce, taking 7 rounds before the holy sacred fire, completes marriage so mutual divorce is the best option for both you which is hassle free and convinient and you both can part ways
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Advocate Aveek Bose

Adv. Aveek Bose

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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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