Users' questions

Can you get an annulment if you never consummated the marriage?

Can you get an annulment if you never consummated the marriage?

The law allows annulments to take place in cases where the marriage was never consummated or one party was impotent or otherwise unable to consummate the marriage. It is important to determine if one party was deceitful and never intended to consummate the marriage in an annulment, as well.

Can a marriage be annulled if not consummated in India?

According to Section 24 of the Special Marriage Act, 1954 on the petition of either of the party, a marriage can be declared null and void by the decree of nullity.

Are you legally married without consummation?

If a couple does not have sexual intercourse after the wedding, either spouse may file for a divorce or annulment of the marriage. Annulment is the legal process of canceling a marriage. If a state does not allow annulment on the grounds of lack of consummation, a spouse may be entitled to a divorce.

What qualifies you for an annulment?

You can file for an annulment if either you or your spouse was too impaired by drugs or alcohol at the time of your marriage to provide consent. A judge will also grant an annulment if either spouse lacked the mental capacity to consent to the marriage.

Is non consummation grounds for divorce?

An irretrievable marriage is not a ground under Special Marriage Act but non-consummation of marriage is a ground”. When she realised the facts, she sought annulment of the marriage. A trial court accepted her plea and granted annulment, but an appellate court ruled in favour of the husband.

What reasons can a marriage be annulled?

Although the grounds for seeking an annulment differ, as can factors that may disqualify a person for an annulment, common grounds for annulment include the following:

  • Marriage between close relatives.
  • Mental incapacity.
  • Underage marriage.
  • Duress.
  • Fraud.
  • Bigamy.

Can a marriage be annuled on the basis of non consummation?

There is no clause in Hindi marriage act for annulment of marriage on basis of non consummation but an inability or an intentional refusal to consummate the marriage is probable grounds for annulment. But you can file divorce on basis of non consummation after one year of marriage and it would be easy for you to get divorce.

When to file for an annulment of a marriage?

See annulment can be filed only when the ground of non consummation of marriage is due to some physical issue that is Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage. In man that is impotence.

Can a decree of nullity be granted for non consummation?

H was granted a decree of nullity for W’s wilful refusal to consummate the marriage. We should note, however, that all this only applies to heterosexual and not to same sex couples. Paragraph 4, Schedule 4 of the Marriage (Same Sex Couples) Act 2013 specifically excluded non-consummation as a ground for the annulment of a same sex marriage.

When to file for divorce after non consummation of marriage?

Section 32(a) prescribes Divorce for willful refusal to consummate the marriage. Section 32(h) prescribes Divorce if, after consummation of marriage, husband and wife are ‘Living Separately’ and for that reason they have not had the marital intercourse for One Year after passing the Order of separate maintenance by Magistrate.