Grounds marriage nullity under h m act

Madhukar Bhatt (Querist) 17 December 2012 This query is : Resolved
Richa stayed with Mahesh from 26th June 2012 to 27th Sept 2012, three months during this time there is no physical relation has been established between them. Marriage is not consumarated. Rachana stayed in bed room as room partner / as stranger / not giving any physical response what wife should give to her husband. She is cool in bed room. Mahesh says she never has accepted him as her husband; it seems that he is not liked by Richa. She never gave any love what husband needs and no expression of feeling what wife especially express to husband. There is no spontaneous feeling coming out from Richa for Mahesh. Richa stayed with Mahesh for three months and after that three months she is stays with her Parent. No newly wed couple can stay quietly for such a long span without each other. Till to date, she never speaks of changing her attitude regarding the present problem in their marital life and never speaks to give love and affection to Mahesh as her husband. She is still silent on this reply and does not give concrete explanation on this issue.
Both Parentside Counselling, Counselling from husband and from professional marriageCounseller and Physcratrist Physic Anaylyzer all failed to find the reason.
Your opinion / suggestion for ground of Nullity welcome. Please note Marriage was just before six months. Still one year not crossed.

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ajay sethi (Expert) 17 December 2012
yyou can make application for declartion that marriage is null and void only if husband or wife is impotent . You cannot obtain a declaration of nullity because one of you is infertile or because one of you is simply refusing to consummate the marriage. It must be the case that one of you is incapable of sexual intercourse.

Devajyoti Barman (Expert) 17 December 2012
Before expiry of one year the court is unlikely to give liberty to proceed with the case.
Go for divorce suit than nullity.