Community › Forums › Legal Advice India › Difference between annulment and divorce?
- This topic has 20 replies, 11 voices, and was last updated 1 year, 5 months ago by
User_38761ed1.
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PProankit8173
PARTICIPANT
January 13, 2025 at 4:57 amI want to know what annulment means, a lawyer suggested this for a friend who’s husband never consumated the marriage, she has proof and is willing to do medical tests. -
UUrbanranjan8949
PARTICIPANT
January 13, 2025 at 5:02 amAnnulment: marriage never happened legally. Friend can not file maintenance or alimony…etc. can file a cheating case probably.
Divorce: marriage happened. You separated. You can file maintenance, alimony, and 498a/DV.498a/DV are misused. Ask friend to refrain from it.
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UUser_38761ed1
PARTICIPANT
January 13, 2025 at 5:10 amFor Annulment do we need the husband to sign? She can prove she’s still a virgin.-
UUrbanranjan8949
PARTICIPANT
January 13, 2025 at 5:18 amYeah. Husband can sign. Or both need to say marriage was not consummated. Of she wants to say husband is impotent, then get with your lawyer.If the marriage was consummated you can not go for annulment.
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PPrimedude3191
PARTICIPANT
January 13, 2025 at 5:20 amShe cannot prove she’s a virgin. Hymen story has been proven to be false.-
UUser_38761ed1
PARTICIPANT
January 13, 2025 at 5:22 amShe has texts where she asked for consumation and he told ” we will see” etc.
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BBrightsharad5081
PARTICIPANT
January 13, 2025 at 5:05 amAnnulment happens when the wedding isn’t consummated or done without your consentWhen a marriage is consummated then divorce is the only option not annulment
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UUser_8f75cccf
PARTICIPANT
January 13, 2025 at 5:07 amHow do they prove consummation? -
UUser_38761ed1
PARTICIPANT
January 13, 2025 at 5:11 amFor Annulment do we need the husband to sign? She can prove she’s still a virgin.
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MMegaanirudh4535
PARTICIPANT
January 13, 2025 at 5:11 amLawyer here
If she is hindu then there is nothing to prove.
She is married, consummation is done.-
UUser_38761ed1
PARTICIPANT
January 13, 2025 at 5:13 amShe is Hindu, but she’s still a virgin, medical reports are there. Husband never wanted to be intimate, just wanted wife to prove to society.-
MMegaanirudh4535
PARTICIPANT
January 13, 2025 at 5:19 amDoesn’t matter.
Exception is if hunsabnd accepts it.
In Hindu law generally there are two grounds of non consummation impotancy, mental/psychological diseases and second one hard to prove tbh.
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SSaratseeker418
PARTICIPANT
January 13, 2025 at 5:19 am“that the marriage has not been consummated owing to the impotence of the respondent;”-
MMegaanirudh4535
PARTICIPANT
January 13, 2025 at 5:20 am
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UUser_6f8120d9
PARTICIPANT
January 13, 2025 at 5:18 amNot a lawyer
If marriage is registered under Hindu Marriage Act, then non consummation is not sufficient to get annulment.
Need to prove non consummation due to impotence of the spouse.Under special marriage act, non consummation is sufficient to get annulment.
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UUrbanranjan8949
PARTICIPANT
January 13, 2025 at 5:26 amI’m genuinely curious how you prove a woman as a virgin? Not to be crude, but end of the day it’s a hole and was probably penetrated to wash yourself at the least. The only way you can prove non-consummation is impotence of the husband.-
UUser_38761ed1
PARTICIPANT
January 13, 2025 at 5:29 amI’m guessing you’re a man 🙂 and it’s surprising how less you know about the female anatomy.Vagina is self cleansing so women only need to clean the exterior part of their genitals. She still has a hymen intact, she confirmed during marriage itself because she had vaginismus, doctor suggested the couple use lubricant but husband never initiated after that. Before that they tried two times.
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UUrbanranjan8949
PARTICIPANT
January 13, 2025 at 5:34 amThat’s stupid. Women have an equal right to sex as men. Did she ask him if he is straight? Indian men and women
Need sensitivity education. Not saying your friend is wrong, but general trend.I expected the vagina to be cleaned after a period at the minimum. But you’re right, I don’t know this, because I don’t deal with it.
Also, it’s almost impossible to prove physical impotence unless there’s an injury that broke something.
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UUser_38761ed1
PARTICIPANT
January 13, 2025 at 6:01 amI’m glad you agree women have an equal right for intimacy. She’s super classy and we’ll educated especially when she speaks. He on the other hand is crass, so is his family. This lady just wants to be alone and end this marriage, he’s not agreeing because his older sister and two of cousins are already divorce another cousins husband is unemployed and on verge of divorce, one cousin has two rape cases against him, he’s only worried about the stigma and what society will say if he also gets divorced. But that’s his problem not hers, she has suffered enough.
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UUser_04abb813
PARTICIPANT
January 13, 2025 at 6:06 amIt is like Dr strange reversing time, put you back in a state of “unmarried” legal speaking -
PProrider4116
PARTICIPANT
January 13, 2025 at 8:51 amAnnulment & Divorce are two different remedies under matrimonial law. Please read the information given here [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/) to understand Annulment or Nullity.There are some conditions that apply very strictly for annulment/ nullity of marriage.
Whether it is applicable in your friend’s case or not, can be told only after learning all the facts of the case. Contact us if you still have any queries on this [https://g.co/kgs/Bos5wTt](https://g.co/kgs/Bos5wTt)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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