Legal Question in Family Law in India

I am in an unconsummated marriage for the last six years. I have been trying my best to save this marriage by seeking medical help for her . I have reports from several reputed hospitals. Counselling was also done on many occasions. I have filed for divorce. Is it better to amend this petition praying for nullity on account of impotency of the respondent. The marriage remained unconsummated because of her physical, medical and psychological problems. Is there any time bar as it can come under voidable marriage. Kindly give a detailed reply .

Egards


Asked on 1/13/17, 2:41 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Nullity is still a possibility. The condition that the petitioner must be impotent at the time of presentation of petition has been fulfilled in your case and therefore you can amend your petition accordingly. But while amending it, do not change divorce with annulment but seek both the reliefs in alternatives. There is provision for that.

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Answered on 1/16/17, 2:02 am


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