Converting contested divorce petition to Annulment of marriage.
4 months ago
I was married to respondent on 16th July 2021, Since then the respondent is most of staying separatedue to job and was staying most off with in-laws in different cities. Our marriage was not consummated due to his lack of interest in Women and Medical condition. I left inlaw house on 1st June 2023 and filled contested divorce case, Yet the matter is reached concelling stage two & declared fail. Now can this case be converted into Annulment ? As marriage was not consummated is clearly indicated in my medical report. And his medical condition were hidden before marriage which I got to know on Feb 2023.
A.Dear Client,
Under Section 18 of the Indian Divorce Act, 1869, any husband or wife can move to the District Court or to the High Court by filing a petition that his or her marriage may be declared as null and void but a new proceeding for the same has to be initiated.
Section 19 of the act lays down the valid grounds for the annulment of marriage which are as follows:
(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;
(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;
(3) that either party was a lunatic or idiot at the time of the marriage;
(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.
If any of the above grounds are met you can proceed with the suit for annulment of marriage.
Thank You
Under Section 18 of the Indian Divorce Act, 1869, any husband or wife can move to the District Court or to the High Court by filing a petition that his or her marriage may be declared as null and void but a new proceeding for the same has to be initiated.
Section 19 of the act lays down the valid grounds for the annulment of marriage which are as follows:
(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;
(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;
(3) that either party was a lunatic or idiot at the time of the marriage;
(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.
If any of the above grounds are met you can proceed with the suit for annulment of marriage.
Thank You
Helpful
Helpful
Share
Read Related Answers
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Divorce
Dear Client,
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who...
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
