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Manpreet   24 November 2017

Divorce- Non consummation marriage.

I got married in Feb 2017. I lived only for 3 months with husband. But there was no love, s*x, respect . Instead I was harassed and tortured mentally. I came back to my parents home. I want to get divorce mutually but he is creating problem in that too. Now we are thinking of to file contestent case but instead Can I file case for nulliment of marriage. As there was no physical relation. He always denied to have s*x. Please guide


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 8 Replies

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     24 November 2017

TO connect to marital status ONE need not have physical activity between HUSBAND and WIFE... UNLESS ONE OUT OF TWO DIVELEGE about FIRST NIGHT, NO OTHER PERSON CAN KNOW THE AFFAIRS SUFFERING OR HAPPY MATRIMONIAL ALLIANCE... INCLUDING PARENTS... THE SECOND PART OF YOUR POINT, ABOUT YOUR HUSBANDS' HARASSMENT and MENTAL TORTURE... BETWEEN FEBRUARY AND NOVEMBER,2017you were not available with your parents, only on the above mentioned position you returned to your parents house... The type of ill-treatment, harassment, your mental agony and further action you have done on this matter with your friends PARENTS AND OTHER well wishers...on these days should help you with regard to your filing DIVORCE NOTICE... Here,I place you yet another typical CASE... The first night couldn't materialize on ACCOUNT OF his wife refusal, but BOTH SIDES kept quiet for several years, wife never had been to PARENTS IN LAW'S HOUSE, ALL THE TIME..TEN YEARS REFUSING TO HAVE PHYSICAL CONTACT, BOTH ARE HIGHLY PLACED PERSONS GOOD PROPERTY AND SALARY...AT ONE TIME, IT SEEMS, THEY HAD MUTUAL DIVORCE SETTLEMENT ON WEB .. NO RECORD EVIDENCE BEFORE HONOURABLE COURT... NOW AND THEN, BOTH MEET LIKE FRIENDS AND DEPART... THE ONLY MENTAL HEALTH CONDITIONS PREVAILING IN HUSBANDS PARENTS AND OTHERWISE NOTHING TO WORRY IN THEIR ENTIRE YEARS... THIS IS THE STATE OF AFFAIRS AND SPECIFIC LIVING CONDITIONS PREVAILING IN THIS WORLD.

P. Venu (Advocate)     24 November 2017

Nonconsummation itself could be a ground for getting the marriage annulled.

Manpreet   24 November 2017

Mr. P. Venu hoe to prove the non consummation ?

Adv. Aditya (Litigator GROSON ADVISORS)     24 November 2017

You must prove impotency of the husband in not consummating the marriage in order to obtain decree of nullity. Not consummating, alone, does not seem to be a solid ground for nullity decree. 

As also for the woman in your position, the sitution does appear to be 'cruel'. 

Adv. Aditya (Litigator GROSON ADVISORS)     24 November 2017

Also can you provide some instances of harassment and mental torture for the sake of proper advice and guidance. 

Vijay Raj Mahajan (Advocate)     24 November 2017

Nullity of marriage on the ground of non-consummation of marriage due to impotanty of the respondent, husband is the correct ground. You need to prove both as these are interlinked. Your marriage could not be consummated because your husband was impotent. For this his complete medical report has to be brought on record of the annulment case file. You should have some evidence to get his medical conducted from the hospital about his impotency. Simply by stating that he's impotent won't serve your purpose of getting order of the court to send him for medical examination. The husband who is normal and want to trouble you will definitely defend your annulment petition and will try his best to get it dismissed. The charges of impotency are serious and defamatory in nature and your failure to prove it can give him chance to file both civil and criminal cases of defamation against you. Things are not so easy as you feel and for moving out of marriage you need experienced and senior lawyer to take up your case, novice will spoil it and run away without getting any relief for you from the court.
1 Like

Samir N (General Queries) (Business)     24 November 2017

Unless you are a virgin, non-consummation is next to impossible to prove. Mental cruelty is difficult to prove especially over such a short time. If you are not looking for maintenance, he will (or should) have no reason to go in for mutual consent divorce. If the marriage was not consummated, you ought to get involved with another man and let him file divorce based upon this fact, alleging infidelity. You admit to the infidelity and you get divorce. Simple... If you are not looking for maintenance, there are MANY solutions. The best legal solution is usually found outside the application of law... 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 November 2017

You file 498A and DV Act cases against your husband. You can also allege impotency of the husband. If you are still a virgin that is positive evidence of non-consummation of the marriage.Based on all these you can claim divorce. Action under 498A and DV Act will encourage him to concede divorce. 


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