Legal Question in Family Law in India

You got married so either you have to get along with the marriage or obtain divorce. Kindly tell me the reason for not consummating so that I can suggest you some solution. You can contact by mail [email protected]

Non consummation of marriage is a ground for annulment ONLY if the opposite party is incapable of performing his/her conjugal duties. In this case, the marriage cannot be annulled on account since you had refused to consummate.

The basis you asked : Why did you accept family pressure to marry someone you did not want to marry? You should understand your role. As per Indian traditions, you have practically 'destroyed' the life of an innocent girl without any fault on her part.

As per Indian laws, you are guilty of committing "cruelty" on your wife which is a criminal offence. Not only you, but your parents or other 'family' members who may be found guilty of 'cruelty' can be prosecuted and may suffer a jail term.

You should take appropriate remedial measures to sort out this problem.

30.04.2012

Dear Sir,

If I am to read your query literally, you state that "We never took any money as divorce". It implies that your parents have accepted all the immoveable and moveable property the girl's parents have given their daughter in marriage.

I agree that a Hindu marriage post marriage ceremony / wedding nuptials has to be legally registered in the local Muncipal record with a Marriage Certificate, which has still not been done in your case.

The error lies on the part of you and the girl to get the marriage solemnized in the temple, despite being incompatible with each other. Separation is now recommended in the same temple that you performed the initial rights, by mutual agreement on incompatibility grounds, and return of all that the girl's parents have given you.

You can mail me for any further advice at [email protected]

Regards,

in this situation, where the marriage is neither registered, nor consummated, and one year has not passed, you may go for annulment of the marriage on the ground of non consummation of marriage due to willful neglect of your wife to consummate the same. this may be considered as psychological impotency of your wife. in case you take the right step at the right time, you may save yourself and your family from the harassment.

You can get the marriage annulled. But that requires thorrough discussions. You can also go for the Divorce.

FOR FURTHER DISCUSSIONS IF ANY, FEEL FREE TO CONTACT ON 09415109404 OR [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Only after one year of your marriage, you can file divorce.

Further, while granting divorce, court usually fix an amount as and that you have to pay but it is not at such high side, but it may be as per your status and as per girls status.

If u will go for annulment then it may take long time and even then it will be hard to prove mental problem.

So better to file divorce and bear little amount but if you will hire an expert lawyer then he can save you and your family from big troubles in future due to false cases.

If want to hire our services then you may mail your location and other details at

[email protected]

Good Luck.