Legal Question in Family Law in India

Hello, I have filed a petition in family court for annulment of my marriage, here in India, on the ground that we didn't live with each other even for a single day after marriage and not even on the day of marriage. My wife went back to USA 4-5 days after our marriage. We didn't consummate our marriage and thereafter we hadn't talked to each other for more than 1 year. And we just signed the papers so that my wife can go back to USA and file my immigration petition. Marriage was not done with full Hindu vidhis. Is it a sufficient ground for voiding our marriage? My wife hasn't attended any hearing date for the case. If marriage can't be annulled, do I need to file a separate petition for ex-parte divorce? Or the honourable judge can give ex-parte divorce for the same petition of annulment of marriage? Thank you.


Asked on 4/22/13, 10:17 am

2 Answers from Attorneys

dear client..

just ask you lawyer to pray form exparty and if satisfyed court will give an exparty order.. for any legal problems you can mail me at [email protected]

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Answered on 4/22/13, 10:30 am
Jayesh Desai Jayesh Desai

It can be annulled on ground of non-consummation of marriage. Is your wife not ready to sign an affidavit and send it for this purpose? If yes, ask her to do so - and she should sign it before Indian Embassy in US. It will speed up things for you.

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Answered on 5/03/13, 3:19 am


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