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Author Topic: Am I eligible for Annulment...  (Read 990 times)

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Offline Kathir

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Am I eligible for Annulment...
« on: February 29, 2016, 05:30:07 AM »
Hi All,

I am a Hindu & got married in Feb 2014. The marriage is not consummated due to her refusal. She says that she don't like me & not interested in any sexual acts (even normal touches) and also not interested in married life itself. She says that she agreed to the marriage only because of family pressure.

She says that she is ready to give divorce, but asks me to take action.

At present, we are in the same house but in different rooms with out even speaking to each other.

Is my case is eligible for the annulment of marriage as per the HINDU MARRIAGE ACT or any other means.


Thanks,
Kathir.

Offline rajgopal sripathi

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Re: Am I eligible for Annulment...
« Reply #1 on: February 29, 2016, 07:52:38 PM »
Hi
If the marriage is not consummated, then you are eligible for a divorce.
File a suit for divorce under non consummation of marriage.
Your wife might not be eligible for maintenance / alimony.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline Kathir

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Re: Am I eligible for Annulment...
« Reply #2 on: March 01, 2016, 03:43:01 AM »
Hi,

Thanks a lot for the response...

But I would like to know whether my case is eligible for the annulment or not by any means?


Thanks...

Offline advuma

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Re: Am I eligible for Annulment...
« Reply #3 on: March 01, 2016, 04:10:48 AM »
mr.rajgopals has already answered your query
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

Offline Kathir

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Re: Am I eligible for Annulment...
« Reply #4 on: March 01, 2016, 05:21:44 AM »
Hi All,

Thanks for your replies.

I live at Chennai. The marriage took place in a Village located in Erode District, Tamilnadu...

I would like to know about annulment & its advantage over divorce. am I eligible for annulment?



Thanks...

Offline saravanan.s

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Re: Am I eligible for Annulment...
« Reply #5 on: March 02, 2016, 06:55:27 AM »
Better convince her for MCD.

Offline adv.amarnath

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Re: Am I eligible for Annulment...
« Reply #6 on: March 06, 2016, 10:10:54 AM »
I am giving advice in your situation and also to other Advocates to refresh the Marital Laws prevailing in India.

First, you have said you got married but you have not mentioned how you got married whether as per Hindu Rites and Customs or as per Special Marriage Act. If your marriage is registered prior to Social Marriage then it will be under Special Marriage Act.

Only under Special Marriage Act, one person can ask court for annulment of their marriage for willful refusal on the part of Respondent (other spouse) to consummate the marriage. Under Hindu Marriage Act, there is no provision of Annulment. Now if your marriage has not been registered but Social MArriage has been done then Law shall deem to believe that your marriage has been consummated even you have not and you have to go for Mutual Divorce under Section 13B after living separately for 1 year.

If your marriage has been registered under Special Marriage act then you can go for annulment of Marriage for willful refusal to consummate the marriage on the part of respondent.

Hope you have understood the law.
Regards,

Amarnath Sanyal
Advocate
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Mob - 09830303322

Offline Ujjwal Agarwal

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Re: Am I eligible for Annulment...
« Reply #7 on: March 07, 2016, 03:21:11 AM »
Hi Kathir,
To get Free Legal Advice from Top Divorce Lawyers, you can post your question on http://www.myadvo.in/ from where you will provided with all legalities. Also you will be connected to the best Lawyer if you find his answer helpful which suits your case.

 

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