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Author Topic: Quick Mariage annulment based on non-consummation  (Read 753 times)

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Offline adishr86

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Quick Mariage annulment based on non-consummation
« on: February 04, 2017, 05:33:38 AM »
Hi,
I married in November, 2016 and it was an arranged marriage. My marriage happened in India, Madhya Pradesh. I have never had physical relations with anyone before marriage and after marriage I found it difficult to have physical relation and never happened after marriage. I then took consultation from some sexologist and psychologist in another country where I am presently working. He told that there are very little chance that this mental condition will improve as I have reached the age of 32 and I shall better get out of this relation than living in mental pressure for whole life and keeping others stressed as well. Please suggest a quick way to get out of this relation as I have been in stress from months and this is affecting my professional life and health big time. Also this will be better for the girl to get out of this relation than hanging in the uncertainty. The marriage expense was bore by me. I did marry because of continuous insistence from my parents.
Can I file annulment of marriage from my side? What proof does the court need regarding this? What is the minimum time that will be needed to close this case? What will happen if my wife doe not agree with the divorce or annulment? Can court declare this marriage as NULL and Void?

Please suggest.

Thanks

Offline advabdul

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Re: Quick Mariage annulment based on non-consummation
« Reply #1 on: February 05, 2017, 07:33:03 AM »
what does the girl want?
you are not alone in this marriage.

Did you discuss with her about your intentions to part ways?
Advocate Abdul
I am Muslim law Advisor

Offline Advocate M.Bhadra

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Re: Quick Mariage annulment based on non-consummation
« Reply #2 on: February 05, 2017, 08:47:06 AM »
You can not file a suit for annulment of marriage as per provision of laws, but your wife can file the same suit. Better to file a suit for Mutual Consent Divorce after one year of marriage. Here are the provision of laws:

Section 12 in The Hindu Marriage Act, 1955
Voidable marriages .—
(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:—
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent;

Section 25 in The Special Marriage Act, 1954
 Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or


Minansu Bhadra, advocate at Kolkata , 9836589246

Offline adv.amarnath

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Re: Quick Mariage annulment based on non-consummation
« Reply #3 on: February 11, 2017, 01:40:29 AM »
Absolutely Rubbish advice for going for Mutual Divorce Petition for quick solution to get apart from marital tie. This will cause under to the girl's character that she has consummated the marriage. In clear word, she had a sex with the boy. Where in fact they never had consummated. It is better to file a case for non-consummation of marriage on wilfully refusal of respondent. But don't give a black mark on the girl's character. We must also see the girl's side.

To know the procedure and clarification as well as consultation in details you can contact me.
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Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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