Annulment - Divorce matter
5 months ago
My son was married on 7th Dec 2022. Girl refused to consumate marriage and we had filed a petition for Annulemnt. During proceedings girl filed an affadavit admitting impotency and given statement in Court admitting impotency. Matter is still pending and noting on order sheet states Affadavit is an evidence but not conclusive evidence and hence inquiries for undue pressure / collusion to be made. Please suggest if we can file for mutual divorce as well since one year will complete on 7th Dec 23.
A.Dear Client,
If one year has passed since the marriage and both parties are agreeable, you may explore the option of filing for mutual divorce. Mutual consent can simplify the divorce process. Discuss the situation with your lawyer to understand the implications of the affidavit and the court's observations. They can guide you on the best course of action based on the details of your case. Mediation can be a helpful alternative to court proceedings. A mediator may assist in reaching an agreement that is acceptable to both parties, potentially expediting the divorce process.
If one year has passed since the marriage and both parties are agreeable, you may explore the option of filing for mutual divorce. Mutual consent can simplify the divorce process. Discuss the situation with your lawyer to understand the implications of the affidavit and the court's observations. They can guide you on the best course of action based on the details of your case. Mediation can be a helpful alternative to court proceedings. A mediator may assist in reaching an agreement that is acceptable to both parties, potentially expediting the divorce process.
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A.Dear Client,
The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. As per Sec.13B(2) of the Act, On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in Sub-Section (1) and not later than eighteen months after the said date if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. So, in view of the above provisions of Sec.13B of the HMA, 1955, the spouses can jointly file a petition seeking divorce under Section 13B before the family court, which possesses the jurisdiction to pass such a decree of divorce under Section 13B.
The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B. As per Section 13-B(1) of the Hindu Marriage Act, 1955, Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. As per Sec.13B(2) of the Act, On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in Sub-Section (1) and not later than eighteen months after the said date if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree. So, in view of the above provisions of Sec.13B of the HMA, 1955, the spouses can jointly file a petition seeking divorce under Section 13B before the family court, which possesses the jurisdiction to pass such a decree of divorce under Section 13B.
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