Legal Question in Family Law in India

Re: divorce through mutual consent

Yes, you can annul the marriage by a decree of nullity Under Section 12(1)(a) of The Hindu Marriage Act, 1955 provided it is medically proved that your husband is impotent.

Under Section 13B of The Hindu Marriage Act, 1955, you can dissolve marriage by mutual consent of your spouse.

Re: divorce through mutual consent

Madem,

Legally on account of impotency you can get divorce, or even by matual consent, or even on the ground of break down of maritual life for 2 years u can get divorce, but all these facts needs to be proved. Also impotency of ur husband need to be proved medically.

But other than these things, i find your statements self conflicting, which leads doubts in my mind about truth of statement, and that your hiding something, and so it would create doubts in the mind of jury. So if your want aid of court then go with clean hands and make your image flawless

For any other imformation you can contact me.

(Cell No) 09426482371

Thanking You

Re: divorce through mutual consent

dear madam,

you have both options. it depends. if your husband is not ready for divorce than you can file petition u/s 12 for declaring marriage voidable under section 12 of Hindu marriage act. on the ground that marriage has not been consumated owing to impotence of the respondent .simply torn hymn is not a ground to show you were doing sex. your husband will also be medicalyy examined by Dr.marriage will be annulled by decree of nullity and will be treated as no marriage in eyes of law.

if both parties agree for divorcethan you can file divorce petition under section 13 b for divorce by mutual consent. look when you file petition u/s 12 you will be entitled for maintenance either in lump sum or per month as of your right. when petition is filed by mutual consent you have not alleged anything against your husnband, it is joint petition filed by both the parties and waiting period is of 6 month and you are not entitled for maintence.

Re: divorce through mutual consent

For divorce on the ground of impotency, you will have to prove it through medical test. So if you can do that, you may opt for it but otherwise divorce through mutual conset is advisible under the circumstances.

Prof.J.P.Saxena

Re: divorce through mutual consent

Your marriage is a voidable marriage. Under Section 12 of the Hindu Marriage Act, 1955 "any marriage shall be voidable and may be annulled by a decree of nullity on the ground that the marriage has not been consummated owing to the impotence of the respondent". For further details contact me at [email protected]

Re: divorce through mutual consent

yes, you can definitely get divorce on the ground of impotency as well as on the ground of seperation of 2 years and also on the ground of mutual consent.

Re: divorce through mutual consent

Yes, you can file a suit for nullification of the marriage on the ground of impotency [if it can be medically proved], non-consummation of the marriage and also irretrivable break-down in marriage on the ground of mental stress and agony, and if your husband is willing, you can also file a mutual consent petition.