Problem in marrige
2 years ago
I married 1.6 year back, post marriage there was no sexual intercourse happened and wife left home after 10.5 months after arguments and problems, after that she doesn't returned and doesn't wanted to return. Since there was no sexual intercourse happened, can the marriage be made Null and void on the grounds of non-consummation of marriage. If yes, then how that could be made ?
Pooja Sathe
Responded 2 years ago
A.there is one year limitation period for the filling case on the ground of Null and void. You crossed the limitation period for null and void, you can give corona a situation for late filling.
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A.Your situation warrants filing for nullity of amrriage which in usual situation has to be filed within one year of marriage.
But You can take reason of corona situation for not being able to fil;e within one year.
But You can take reason of corona situation for not being able to fil;e within one year.
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Tanmoy Chattopadhyay
Responded 2 years ago
A.Your relief would depend on the reasons as to why the marriage was not consummated and why your wife choose to leave you or didn't come back. If everything is in your favor then divorce can be obtained on the ground of cruelty. Kindly get in touch with a lawyer to help you file your case without any unnecessary delay.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.What you were doing for 10.5 months ?
what you were thinking for next 7.5 months ?
why there was no sexual intercourse happened ?
You need a good lawyer.
what you were thinking for next 7.5 months ?
why there was no sexual intercourse happened ?
You need a good lawyer.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can approach the court and file for declaring the marriage as null and void due to non-consumation of marriage. It amounts cruelty under S. 13 of HMA. The refusal to indulge in sexual intercourse should be persistent one, to qualify as cruelty under S.13.
If you like my answer, please rate me.
You can approach the court and file for declaring the marriage as null and void due to non-consumation of marriage. It amounts cruelty under S. 13 of HMA. The refusal to indulge in sexual intercourse should be persistent one, to qualify as cruelty under S.13.
If you like my answer, please rate me.
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A.Hi,
You can get your marriage declared as void due to non-consumation. It has been judicially recognized as part of Cruelty under Section 13 of HMA. You will have to approach the court and file a petition for the same.
If you like my answer please rate me.
You can get your marriage declared as void due to non-consumation. It has been judicially recognized as part of Cruelty under Section 13 of HMA. You will have to approach the court and file a petition for the same.
If you like my answer please rate me.
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Sidhaarth
Responded 2 years ago
A.No. The limitation for getting the marriage null and void under Hindu marry Act is one year from the date of marriage. You can file divorce case on the ground of cruelty.
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