Marital issues -Divorce vs Annulment
2 years ago
1. I got married in 2015. My marriage is not consummated till date. I discussed with my husband on same multiple times and was hoping that he will be ready for physical relation sooner or later. But, he did not. I do not know if he is impotent or not. Can I go for annulation OR divorce is the only option?
2. Can I file for both annulation and divorce together (in case annulation is denied - and I do not want to waste more years of my life)?
3. I am working and he has taken lot of money from me. If I go for annulation - will I be able to claim my money back? And any other major expenses done in the name of household articles? He never spent a paisa on me.
4. I want a child by any advanced medical technologies (before annulation/divorce) - would there be any issues? Right to reproduce is my fundamental right and he is denying me the same. He does not agree to give consent on medical forms as well.
BANDARU RAJYA LAKSHMI
Responded 2 years ago
Sexual abstinence towards spouse is also a ground for divorce. You can file divorce petition on this ground. You have to prove his impotence. You can claim compensation from him also.
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You can file only divorce as annulment of marriage on the ground of impotency ought to have been filed within 1 year of marriage. You can protect your fundamental right to bear a child by advanced medical technologies by approaching Family Court during the subsistence of marriage.
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Ankita Jaiswal
Responded 2 years ago
THE SUPREME Court held that indifference and frigidity towards wife and sexual abstinence constitute mental cruelty and could be valid grounds for divorce. You can plead for divorce not for Annulment as for the annulment of marriage, the marriage should not haven been valid before the law from the very beginning. You can claim for compensation from him after the divorce. After divorce, you don't need his consent anymore for having any medical treatments.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If a spouse does not allow the partner to have sex for a long time, without sufficient reason, it amounts to mental cruelty, the Supreme Court has said, upholding a verdict of the Madras high court to grant divorce to a man. So it is applicable to you too and you can approach the court for divorce. You can file for divorce not for annulation. You are entitled for the compensation from your husband and you can plead the same in the court with petition. After divorce, without your husband's consent you can undergo any medical treatments.
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THE SUPREME Court held that indifference and frigidity towards wife and sexual abstinence constitute mental cruelty and could be valid grounds for divorce. You can plead for divorce not for Annulment as for the annulment of marriage, the marriage should not haven been valid before the law from the very beginning. You can claim for compensation from him after the divorce. After divorce, you don't need his consent anymore for having any medical treatments.
Please rate my answer
Thank You
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