Hi Indus ladies, I am in need of urgent help. I got married 3 months back and the marriage is affecting me emotionally as we have very high stress confrontations. THe marriage has not been consummated and I am so scared of living with my husband. I am under sleeping pills and am getting anxiety attacks thinking about my husband and my life with him. The arugments get very stressful and I zone out most of the times. I feel I dont fit in well with his family. He breaks stuff when he gets angry and I have never had so much arguments/ confrontations in my family. I am very very scared and want to get out mainly because it is affecting my health. Can someone please throw some light on how to annul Hindu marriage ? If someone has gone through the process or if they have friends who have gone throuhg the process, it would really help. Also would appreciate if someone can throw some light on the process. I am willing to accept a case where he puts the blame on me saying that I am not willing to consummate marriage - want to understand what needs to be done / proved beyond this(any medical test etc) and best way to frame the case. I dont think either of us are impotent but I am scared to death and not willing to have any intimacy because i feel i will not survive in this environment. I think my husband might agree to annullment. Marriage happened in Chennai India Thanks.
Hi I am so sorry to hear your plight. Yes, the marriage which has not been consummated can be annulled provided you give medical proof and site irreconcilable differences. You need not take the blame or put the blame. You may just cite the reason that you are not prepared for this arrangement and want to get out of it that's why marriage could not be consumated. It is better to provide medical proof as then you will not be called a divorcee. If you go for ending the marriage mutually, it would be considered a divorce, whereas annulment of marriage is being never married. I am telling this from the point of view of knowldege gained from my close friedns and relation in judiciary. You may still check with an advocate, as I am not an authority on HIndu marriage act. Wishing you all the very best Ansh
You have to provide medical proof that you have not consummated your marriage to annul it? Pardon me, but isn't that a wee bit more information than what the courts need to dissolve a marriage? So what happens if say you have not slept with the person you married but slept with someone else before marriage? Oops, sorry OP, didn't mean to distract but I had some genuine questions.
Probably Indian court system is outdated and dont have provisions to handle that practical matter of life.
Another aspect of Indian courts, the lady can cry in front of judge and marriage will be annulled too , that is what I heard, soft corner for women in divorce proceedings. if a Man would cry it would mean that he is dummy.. Indian courts are yet to wake up for atrocities of women folks..This was on side note Op- you are a free person, who on this earth can stop you from leaving your marriage, you are not doing any crime, as a adult and free citizen you can always walk out saying that you dont find yourself compatible, your mental stress has elevated greatly, you can also prove you take sleeping pills as a prescription from doctor. you can say you are under anxiety attack, and you dont see you maintaining your mental well being living with this person, second advantage is you are a lady, it would be easy to prove. Indian courts also take into account, personality, temperament and other issues while annulling marriage. It is very fortunate that your marriage is not consummated Also Impotency is for male for female it would be infertility, so remove that guilt that both of you are not impotent.
I beg to differ with Tridev. No, marriage is never annulled simply becuase a woman cries foul.Annulment is very much different from divorce. It is granted to either man or woman on the basis of some of the following reasons 1. Impotency (which may lead to marriage not getting consummated) 2. Mental imbalance being few among others please go through the link One more Let us give only that information which we are sure of and not digress from the topic. As far as Malvika's response is concerned, yes, the person might have slept with someone else, but, Indian courts are bit "conservative", they consider that in majority of cases, the lady is virgin. They may amend. Please go through the link to know difference between annulment and divorce A request to all the poster who post FB, most of the women/ men who seek advise are in very fluid state of mind undergoing a lot of turmoil. Let us try to help them by giving useful information not by making the issue man vs woman. IF a man would have asked about annulling the marriage because the wife is a lunatic, I think we should tell him the way, instead of telling anything else. I hope my reply has helped you THa14 Wishing you all the very best. Do consult a lawyer. REgards Ansh
My personal opinion would be to simply file for a divorce after a period of separation. Annulment will work only in certain situations but not always. Divorce is more straight-forward. Talk to a family lawyer that will guide you correctly without leading you through a tough path. You need to cross without any hurdles. There's again a good chance that the court might direct you for family counseling offered by them. The reason being it is just 3 months since you got married. However, if there's a period of separation and you file it under irreconcilable differences, the court would grant you after a waiting period of 6 months. I believe there are fast track courts too which grants without any delay. Ansh is spot-on. The courts are no more only women friendly and crying will not do magic. Good luck to you!
tha14, are 100% sure that this is what you want? Perhaps there is still a chance and you can convince him for an anger management class? Think about it before you make up your mind.
If the marriage is so rocky in 3 months, that OP is taking sleeping pills and fighting, depression , anxiety, why to worry for all this thing that he does this and that to make it work, what is there in this marriage, moreover its not even consummated, this is the right time for OP to get out of marriage as suggested through divorce by others