Legal Question in Family Law in India
My marriage was registered under Hindu Marriage Act 10 days after the social marriage.
Since i stayed only for 5 days with my husband at in-laws place where i fell ill,
hence the marriage was not consummated.
Now i have filed for mutual consent divorce after 1 year of marriage registration.
My lawyer has added the clause "the marriage was duly consummated" in my Mutual Consent Divorce petition (Section 13 B) and is insisting that the court will not grant divorce unless this clause is added.
Is it necessary under Hindu Marriage Act,1955 that the marriage has to be consummated in order to get a mutual divorce?
3 Answers from Attorneys
Your lawyer seems to be new in law by putting such a clause. You will get Mutual Consent Divorce while mentioning that your marriage has not been consummated.
The proper word to be used is solemnized. However, you do not have to mention anything about consummation, whether it is consummated or not, unless a child is expected. What is necessary to get consent divorce is only the fact, that (1) Marriage was solemnized between the parties (2) Marriage could not worked out between the parties, and both parties cannot live together, and that both parties are jointly willing to take divorce (3) Both are residing separately since last 1 years. The above facts will satisfy requirement of law
It is not necessary to consummate to get divorce. With respect i would say that is something moon-shine.
He should have mentioned about solemnization of marriage and not consummation of marriage in petition for mutual consent.
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