How should I proceed with a divorce?

Question

I got married in November 2006 to a Hindu in India. My husband is not interested in family life.The marriage is not consummated. I suspect that he is impotent. We are not living together for the past 4 months. He is living in a foreign country now.I want to file a divorce. Should I ask him for a mutual consent or file a divorce seperately?I want to live a peaceful life.How long will it take for me to get a divorce?

Answer 1

India is a vast country consisting of over 1 billion population. People in this country follow different religion & they are bound by their religious laws for the matters like marriage, divorce, maintenance, inheritance etc. Although Article 44 of the Indian Constitution provides that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India, but even after 60 years of Independence we have not been able to provide uniform civil code for the people of India. The matrimonial laws which are being followed in India based on the religions of the people,e.g Hindus are covered by the Hindu Marriage Act,1955 & Muslims are covered by the Muslim Shariat Law. There exists secular matrimonial law too which allows inter-religious marriages amongst the Indians,i.e. the Special Marriage Act,1954. If two Indian marry according to any religious form of marriage what is most important is to see what religion they belong & according to which religious for of marriage they are marrying. Two Hindus can marry according to the Hindu form of marriage, in such a case the ceremonies of such marriage should be such that it is according to their customs & usages. Such marriage should include all the essential marriage ceremonies which will make such a marriage legally valid & bind both of them. Incase a Hindu marries a non Hindu ( Christian,Muslim,Jew,Parsi) according to Hindu form of marriage such marriage will not be legally valid & binding on both of them. In order to get legally married in such a case the Hindu should marry a non Hindu according to the Special Marriage Act,1954 i.e. the civil form of marriage. In the present case the only fact which has been mentioned that the man was Hindu by religion, there is no mention about the religion of the woman, nor there did mention of what form of marriage took place between them. I shall presume here that they both were Hindus & married according to Hindu form of marriage, hence they are covered under the provisions of the Hindu Marriage Act,1955. The contention of the wife here is that their marriage has not been consummated due to the impotency of the husband. Section 12 of the Hindu Marriage Act provides Voidable Marriages.-(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; In such a case the wife can proceed for the decree of nullity against the husband on this ground. In such case what is most important to prove to the court the impotency of the husband which was the reason for non-consummation of such a marriage. This impotency should be proved with help of his medical examination & it should be permanent form of impotency to give her any relief for annulment of such a marriage. As far the time period of filling such a petition for annulment is concerned, as wrongly pointed out by some one here is within a year of the such a marriage is absolutely incorrect. The time period of one year of filling petition of annulment exist in only the cases covered under section12(1)(c) & (d) of the Act as clearly provided in section12(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.
The condition of one years time period is not for this case & such a petition can be moved anytime unless the reason of force or fraud is added in the petition of annulment by the wife. In case the wife think that it won’t be possible for her to prove the impotency of her husband the other best alternate for her is to compromise with her husband for divorce by mutual consent under section 13-B of the Act. This petition can be jointly filled by both the spouses only after one year of such marriage & their living separately for more then one year. In this particular case such petition of divorce by mutual consent is the best option as almost a year of marriage is going to be over soon & they have been almost living separately from the initial days & there is no consummation of their marriage. The best thing about such a petition is that it requires no cause of action to be proved other then the marriage which should be one year old & living separately for one year or more. Such petition is decided not before 6 months but before 18 months of its filling. Other then these two the divorce can also be taken by the wife on the bases of various other reasons cruelty, desertion of two years or more, adultery etc. This the brief with regard to dissolution of the marriage in this case.

Answer 2

You have a ground to end your marriage within 1 year if your husband is impotent and the marriage is not consumated. It is thru a decree of nullity.

First you file for this decree since the expiry date for this remedy is Nov. 2007 which is fast approaching and see your husbands reaction. If he does not contest which he most likely wont since he is in a foreign country you should get a quick divorce. If this remedy fails you can go for divorce by mutual consent later on.

Answer 3

If your marriage was not consumated then you should file for annulment. You can do that here. You can send him notice of it but he does not have to be present.

As for the cost I am not sure but you can call an attorneys office and ask them the costs and they will let you know a ballpark figure. They will even see you the first time as a courtesy

Annul your marriage so it is like it never existed and get on with your life.

Answer 4

You aren't able to file divorce case before 2 years.but if you go with mutual than i can be possible after one year your marriage.I m talking about Hindu country(INDIA) so if you want to take divorce u have to wait.In other like criminal case you can get in 6 month if he's hurts you or u filed the case on time.

Answer 5

It depends on several factors. If the marriage was an arranged one, then divorce is easier as you are not to be blamed, its your parents.

If it is a love marriage then divorce is difficult and in some cases not even possible. if it happens, you get no money from your husband

And if you gave any dowry then divorce will land you in jail and your husband will be hanged

Answer 6

You did not mention your country of domicile?

If he is away in another country, I would suggest you hire a good family law attorney and get everything done the right way.

Good Luck

Answer 7

LISTEN carefully get an annulment not a divorce if its not consumated or if hes gay he swings that way or any other reason maybe another girl or whatever reason you can get marriage annulled

Answer 8

India? Call the American embassy (if you're American) and ask them if they know. Why would you marry an impotent Indian?

Answer 9

there are minor diffenreces between us.
im male.she lives in us.
i did'nt mmet her since 6 ,months,also in same situation

Answer 10

HIRE A GOOD LAWYER