in Family Law Civil Law
Asked November 10, 2017

Application for annulment when the marriage is not consumated

  • 1 Answer

Hi.. I have applied for divorce as marriage is not consumated. I know he is an impotent. Counselling is over, my husband said okay. One year gone..But now even before the trail.. my lawyer is telling me to apply as mutual consent. But I want annulment, they cheated me. My question.. 1. Is annulment possible in my case. 2. How long will it take, already one year over. 3. If he doesn't appear, will I get annulled divorce only with my medical proof of unconsumed. 4. If he produces fake certificate what will happen.

Answer 1

Denial of fruits of marriage like sexual relation, non consumation of marriage on account of impotency iof husband is a ground of cruelty. For annulment of marriage the period of limitation is one year as provided u/s. 12 of HM Act so you may go for divorce on the ground of non consumation of marriage. If your husband does not appear then case may be decided exparte (one sided) but non appearance does not amount to admission of allegation. As per medical science a person may be impotent for his his wife i.e. a particular person but he may be potent for rwest of the world. Divorce by mutual consent is the best and speedy way for divorce. 

Agree Comment 0 Agrees over 4 years ago

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