rakshit (others) 13 April 2014

Marriage consumation

Hi,

Husband has filed for nullity of marriage under section 12(A) and (C) stating marriage has not been consumated and fraud by wife.

But wife has filed false objection stating marriage has been consumated which is lie and also filed false adultery case on husband, dowry case and domestic violence case both on husband and on poor old aged in laws.

So Please clarify my below questions :

1) So is it possible to prove medically marriage consumation has been happened or not happened between husband and wife in case if court orders for medical test.

2) Penetration has never happened between husband and wife. But only once Foreplay has happened. Only once Foreplay without Penetration is considered marriage consumation or not?

(Please forgive if I asked wrong things bcoz I need this for petitioners evidence)

3) If wife had affair with some one and if she had been consumated by some other men then whether it can be proved medically that she had intercourse with some other men and not with husband.

4) Same thing can be proved medically if husband had intercourse with some other women?.

5) Even though marriage consumation has been happened long back say 6 months back is it possible to prove medically after 6 months, that marriage consumation has been happened or not happened between husband and wife.

Once again Please forgive if I asked wrong things bcoz I need this for petitioners evidence as wife has filed all wrong allegations against husband bcoz she needs huge compensation.

Thank You

Thanks,

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 13 April 2014

Proving non-consummation of marriage is a very tough task especially in the given situations wherein both the husband and the wife are suspected to have had conjugal relationships elsewhere, so it will not be possible to prove the same medically. therefore the annulment issue may not sustain due to lack of proper evidence.

rakshit (others) 13 April 2014

Sir,

What in case if both husband and wife had no other affairs or no intercourse either husband or wife not had with some other persons.

But Only once Foreplay has happened between husband and wife without Penetration.

So in this case is it possible to prove consumation has happened or not happened?

Thanks

Shantanu Wavhal (Worker) 13 April 2014

do understand that mere non consummation is of no use.

this non consummation should be DUE TO THE IMPOTENCY OF THE RESP.

that is - the petitioner has to make the other spouse a scapegoat for non consummation

12. Void able marriages

(1) Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a) that the marriage has not been consummated owing to the impotence of the respondent ; or]

ravi (Other) 14 April 2014

Hi, Can you get annulment if you come to know about wife' affairs which she had before marriage. But she didn't mention any of that when asked when they met before marraige. It was an arranged marriage and the wife never mentioned about the affair.

We dont know if she had s*x before marriage or not, but she had a boyfriend for 7 years (before marriage) and she was talking romantic to him even after she had commited to marriage (engagement).