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Hb   05 October 2017

Annulment on non-consumation

Hi, I had a short marriage of 40days. My wife left as she had an affair. After 7 months she filed 377,498,406,506,120b. She has alleged " 10. That on the same day, the Accused No.1 took me to �Hotel JW Marriot� for the first night after marriage. We reached hotel at around 2 PM. On reaching ' hotel, l was surprised when I saw Laptop with him as he was continuously working on the Laptop till evening without having any talks with me. I was trying to talk to him but he was avoiding me. Later on, he come closer to me. He was not able to make the physical relationship property because his s*xual organ was not fully de eloped and I was surprised to know this fact at that time and physical relationship was not made properly. After that he started misbehaving with me physically and wanted me to do unnatural s*x. He started awkward things i the bed and started using his fingers in my private parts forcefully which v used pain to me. I was requesting him not to do such type of things but h didn't stop and said that my parents have not given any SUV car in the marriage to them and he will treat me like a slave. Then he wanted me to put his s*xual organ in my mouth forcefully which I totally resisted. He started biting me all over the body. His behaviour and attitude was a question mark i my mind. He was very misbehaving in the bed and forced himself on me to extent that it would leave marks on my body and face. I was shocked to discover this fact as these facts were concealed from me and my family that was of such an unruly and wild behaviour and his s*xual organ was underdeveloped and he was not able to consummate the marriage property.". My question is if I also accept that there was no consumation then can I go for annulment to make 498 and DV case invalid. How can this strategy backfire??


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 10 Replies

Vijay Raj Mahajan (Advocate)     05 October 2017

You cannot use your physical disability to consumate marriage as a ground to get annulment of marriage, only your wife can use it as a ground for annulment of marriage.

As far the charges under section 498A, 377, 406, 509, 120B IPC are concerned these require admissable evidence beyond reasonable doubts. The honeymoon incidence that has been mentioned in her complant will not serve her case unless there exists medical evidence of that day/time to show physical injuries caused to her by all those incidences mentioned there. Demand of SUV as dowry item etc too require sufficient evidence (independent eye witnesses, documentary or recording of demand etc.) to prove charges u/s 498A IPC. The stridhan that was brought by her and if kept at your custody should be returned back to her to avoid section 406 IPC charges.The charges u/s 377 IPC are serious in nature about indulging in unnatural s*xual relationship with her, here there is a contradiction by her own admission about your physical disability due to under develpoed s*xual organ. To belive her charges under section 377 IPC shall be difficult for the court and her case will fall flat.

Hb   05 October 2017

Thank for the reply. I was thinking on terms of Saying that she did not allow me to consummate the marriage as she was entangled elsewhere and to save herself from bad name is trying to put false allegations. Only thing that could be proved here would be that both of us have committed of non-consummation citing different reasons. I can disprove her allegations any days by undergoing a medical if need be but the burden to prove non-consummation will not be there on me as she has already committed it.

Is this the right way to move ahead as i have not taken any stand anywhere in court and need to make the storyline on which i will be fighting the case.

Siddharth Srivastava (Advocate)     05 October 2017

Though non consumation of marriage is one of the ground for annulment of marriage but the annulment of marriage does not absolve you from section 498A and DV Act case. Consult a lawyer with details. Sidharth 9811776422

Hb   05 October 2017

But can annulment be taken on this as she has accepted I can also??

Adv Radhika Mehta (Advocate)     05 October 2017

That depends on the Courts discretion. There is a provision for Decree on Admission but whether the Court will consider the same to be genuine or a collusion/ connivance between the parties cannot be assured.  

Advocate Bhartesh goyal (advocate)     05 October 2017

If it prooves from medical reports and examinations of you that you are impotent and unable to make consumate marriage relationship then annulment of marriage can be declared on this ground.

Advocate Bhartesh goyal (advocate)     05 October 2017

If it prooves from medical reports and examinations of you that you are impotent and unable to make consumate marriage relationship then annulment of marriage can be declared on this ground.

Advocate Bhartesh goyal (advocate)     05 October 2017

If it prooves from medical reports and examinations of you that you are impotent and unable to make consumate marriage relationship then annulment of marriage can be declared on this ground.

Hb   05 October 2017

The problem is that I am not impotent it's just trying to use her statement

Rishi kumar   05 October 2017

I can't understand what kind of a dud you are!!!!  Once you admit ( albeit falsely) that you are impotent, she will extort money from you like anything alleging you spoiled her life. Initially you will think the marriage will get annulled if you ignorantly accept impotency then only the real game will start. She will screw up your life for ever going around town singing about your non existent problem. She will settle down with her beau and you will become the talk of the town, ie, laughing stock.


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