Petitioner evidence stage - marriage nullity


Hi All,

          My Case has come to Petitioner Evidence Stage  in Second week of March 2014.

         I am Petitioner.


  I had applied for Nullity of marriage under section 12(i) A and C of the hindu marriage act in Family          Court in the month of August 2013. I married in July 2013.


 My Marriage was not consummated because my wife was not interested in me both mentally and     physically during short stay of time in my house. 


Now my wife has filed objection to dismiss my petition and she is ready to stay with husband.

        She has mentioned in objection that  she just stayed one month in husband's house. The marriage could not  be consummated because she needed sometime to adjust to my family and          now she is ready for marriage consummation after I accept her.


 Her behavior is different. She stayed just only one month with me and left me. That time she was    telling I am not suitable husband to her status and so not interested in me both mentally and physically.


But now she is helpless since her parents are not coming for her support and so she filed objection in court stating she want to go back to her husband's house.


But me and my parents are worried about her indifferent behavior and we are scared she may leave our house again in future. So we want to get this marriage nullity based on non consummation.


Currently she is staying in Paying Guest house and working in small company earning around Rs 15 Thousand per month and filed for maintenance in court.


She has done her Post Graduation Education.

So my question is What should I tell in Petitioner Evidence Stage in Court.


How to defend my petition against her objection because me and my parents are totally not interested in bringing her back due to her indifferent behavior every time and the pain she created in our mind and heart.


PS : My marriage will complete one year in July 2014.


Thanks in advance


Lawyer in

Nullity of marriage will be granted only when that the marriage has not been consummated owing to the impotency of the respondent.



Give up your crazy decision and accept your wife and lead a good married life otherwise you will spoil your own life without any serious cause.and cogent reason.  Besides to prove nullity of your marriage on the ground of non-consummation shall not be in your favour and the litigation will  prolong  and shall cause misuse of your hard earn money.  Better enter into an agreement of mutual settlement before the court so that your wife cannot defy it in future and shall be under some bindings.

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I think it is better to follow the advise of learned senior Advocate Mr. Roy in this issue.  The litigation will prolong for years draining out your time, energy and money and finally if you lose the case, you will be worst sufferer, i.e., the future hanging in dilemma whether to accept or not and many other matrimonial issues which will not at all keep you happy anytime after that.  Instead, if you get an opportunity to adjust, compromise and lead a happy married life now, utilise the same without hesitation, it is your life and future so you should be in a position to decide about it though you may listen to elders advises but should not blindly follow the same despite knowing it to be a detrimental to your future and career.  Think many times and take a wise decision.

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       I am worried about her future behavior after she comes back to my house.

      She is helpless now she don' t have parents support because she broke marriage within one month.

She was dating a boy for some days after she left me.

Many of my relatives have seen her roaming and dating with that boy. Now that boy also has left her relationship.

So desperately she want's to come back to my house because she don't have her parent's and her boy friends support.

I am not finding any true love in her on me.

So my parents and relatives suggested me better fight with her in court  for another one or two years instead of tolerating her harassment life long.

She may take advantage in future again harassing me and my parents.

Atleast we have peace at home now when she has left us.

We don't want same fighting again with my wife, bad gossips about her in society,  spoiling our peace of mind.



I think it is better to follow the advise of learned senior Advocate Mr. Roy in this issue.


do not trust the women who deserts the husband without any cause, as per her own whims, within one month of marriage and now wants to return.

she will repeat this in future.

next time she will play planned games to implicate u and ur whole family.

its better and easier to fight such women in court hall rather than fighting at home - let the fight go on for the whole life


may God give all of us a rebirth to fight such b*st*rd women who spoil our life just for nothing


at least i have decided so.

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My opinion is not to follow  emotion, personal volition , or ego of any other person.  Realization and experience of other persons under some other circumstances may differ with your case so you shall have to take a  decision with cool brain what kind of step will suit you best at present and in the long run.




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