4 Answers
Hello,
You should file divorce and not annulment.
Feel free to contact me through OLQ.
Dear Sir/Madam,
Proceed for divorce under Section 13(1)(i-a) & (i-b) —
Grounds:
Cruelty → False promises, humiliation, refusal to cohabit or consummate, emotional trauma.
Desertion → Immediate or early abandonment of marital home without cause.
🟡 Annulment under Section 12 may fail unless:
You can prove complete non-consummation due to incapacity or deliberate refusal from Day 1, and
You file within one year of discovering the fraud or incapacity, and
There has been no cohabitation after discovery (Sec 12(2)).
Since no marriage taken place hence question of dissolution of marriage by way of divorce does not arise. Living together is not a marriage unless saptpadi and other rituals are performed and marriage is duly performed.
Dear Mam, as per your query,
File for Divorce, not Annulment.
Based on your facts, it’s safer and more sustainable to proceed under Section 13(1)(i-a) (mental cruelty) and, if time allows, 13(1)(i-b) (desertion).
Avoid Section 12 unless there’s clear evidence of fraud or impotence.
False promises about job/residence usually don’t meet the strict threshold for annulment.
Use the short cohabitation and immediate withdrawal as cruelty evidence.
Highlight mental trauma, humiliation, and deprivation of marital companionship.
For further details and clarification, feel free to contact our OLQ Team for a detailed discussion.