Legal Question in Family Law in India
Annulment of marriage
Ld counsels,
Wife has filed annulment of marriage on the grounds that husband was allegedly forced into marriage. If the husband contest the case, annulment may not be possible. But on the same proceeding if compromise need to be arrived is it advisable for the couple to say that both did not give full consent for the marriage and the marriage was performed mainly because of the personal preferences of the parents of the couple. The marriage lasted for only 6 days and non-consummated.
If this is the stand taken by the couple will the marriage be annulled on the proceedings initiated by the wife.
Husband as also filed a restitution and one couseling session is over on that. Since husband has filed restitution is there any harm in the reversal of stand taken by husband in the nullity proceedings.
Please clarify.
5 Answers from Attorneys
Re: Annulment of marriage
You may follow the advice of your local counsel who might have been dealing with the case upto this stage.
Re: Annulment of marriage
in case the husband has filed a petition for restitution, how can he take a reverse stand by stating that the marriage was never consummated. its better if both of you go for divorce by mutual consent instead of nullity and in the petition itself, you may mention that marriage was non consummated. however mere non consummation is no grounds for nullity, one has to be prove the impotency of either partners.
Re: Annulment of marriage
if both parties are ready for divorce they could get the same by mutual consent otherwise settle amicably the matter.
Re: Annulment of marriage
divorce could be obtained by mutual consent.
There is no harm to the wife on the petition of restitution of conjugal rights filed by the husband.
No one can compel to lead marital life forcibly as it is against to the fundamental rights enshirned there in the constitution.
Re: Annulment of marriage
In nullity of marriage you have to prove that the marriage was happened by practicing fraud and missrepresentation of facts but if you fails to prove the same then you cannot prove the nullity.
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