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caps (x)     12 September 2013

Please advise

Hello ,

My brother got married for past six months. It is an arranged marriage. She has no interest in physical relationship. Still now they have not consummated. She got some psychological problem. She wont even undress or change clothes in front of him. Just after few days of marriage she had a stomach problem and my brother almost forcefully took her to a doctor [an MD, works with Apollo] who other than treating her for that gave some blood test  and there after advised a bone marrow test. But she wont do any more test or visit doctors not even a gyno. Her family also argues that they don't visit doctors. We were able to see the relationship is turning bad but thought it was the initial phase & adjustment problem. But two days back she went abusive & called her family and it was a mess in the house. Then she went back with her family. After that my brother told everything I have written in the beginning.  He wants to end this.  What should we do now?



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 8 Replies

Tajobsindia (Senior Partner )     12 September 2013

1.    Non consummation of marriage is mental cruelty to male spouse and leads to divorce.

2.    Elders in families reconciliation efforts which are said to be failed are evidence to seek divorce if they depose as witnesses for male spouse side.

3.    Suggested to write an inland letter with carbon copy underneath it mentioning in simple words events as what happened in such young marriage till she left for her natal home and end the letter with request from husband to his wife suggesting her to return back to shared household and husband may offer her option to jointly visit marriage counselor (such counseling are non-invasive nature to once body and I suppose a lady mentioned in this brief may not object to such non-invasive to once privacy Counseling sessions) and he can offer in same letter to consummate the marriage and carbon copy of such letter from a spouse is treated as efforts other spouse put in to save marriage and forms part of evidence in such divorce suit matter.

4.    Not visiting doc. or not seeking medical help when required raises doubts and are considered hiding some material facts hindering consummation of a marriage and will to lead normal marital life if properly plead n a divorce suit matter. 

5.    Solution right now is to via reference find an Advocate and Chamber consult facts and may apply for mutual consent divorce under extreme hardship grounds read with non-consummation of marriage within one year of marriage as well as one spouse leaving shared household without consent of another spouse provided other spouse is also ready to end such marriage otherwise simple divorce suit matter will also be liable to get admitted. 

3 Like

Adv k . mahesh (advocate)     12 September 2013

1. in given circumstances first have a detailed discussion with your in laws before giving any sort of letter 

2. if they does not react then give a letter stating facts and also about discussion to come back your wife

3. normally hiding of facts will lead to disaster of marriage so explain them about the facts at discussion why she is like that if the situation continues then you have no other option to take legal course

4. talk very decently and accept her if she come back to you and take what steps you want to change her behoviour with caring 

caps (x)     12 September 2013

We have talked with my brothers in-laws but as I mentioned before they are not willing to listen. She is not gone for ever neither she has expressed any intention of that. Two days back when she called her parents & brother just to insult us and my brother particularly. She went home as if to celebrate. But the incident eventually forced my brother to tell us everything. He is going through a mental trauma. He is looking for a way out of this. He is sure with her it is & will be living hell. What I am asking is, do we have to go for divorce or can we go for nullity on the ground of she being physically, mentally unfit & non consummation of marriage etc.   What are the options? Thanks.

rajiv_lodha (zz)     12 September 2013

tajob has summed up all..............best remedy


(Guest)

I have the same doubt, non-consummation of marriage should logically nullify the marriage. Can someone clarify on this? I understand that it was not the ground available in the existing law but how stupid and injustice on one spouse to become a divorcee for no fault.

D Seikhar G (self)     12 September 2013

nice advice given by tajobsindia.

D Seikhar G (self)     12 September 2013

@tajobindia,sir,I have doubt if no consumation of marriage is there then how it could be prooved?The person who don't want divorce will say the marriage been consumated,then in that case how it is prooved?

T. Kalaiselvan, Advocate (Advocate)     12 September 2013

Mr. caps,

The petition for nullity of marriage is based on the ground that the marriage of the petitioner has not been consummated owing to the impotency of the respondent.  If it is immediately seen that two ingredients must be established in order to get a decree under clause (a), they are1) the marriage has not been consummated; and 2) the absence  of consummation is because of the impotency of the respondent.  Where, owing to temperamental reasons, the respondent, otherwise capable of allowing copulation,is utterly unable to do so to her own spouse, it is ground for avoiding marriage under section 12(1)(a) of the Hindu Marriage Act.  It is not necessary to show universal impotency.  kindly contact your lawyer immediately and settle the scores - Advocate Kalaiselvan, Vellore,Ph: +919443441062


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