vikasD12 29 February 2016

Non-consummation as domestic violence ?

Wife stayed in matrimonial home with husband for 3 months only, she filed maintenance under PWDVA of cruelty torture etc, and that marriage was no consummated. It is true marriage was not consummated owing to psychological factors, and the same established by medical checkup of husband which he got done soon after wife left matrimonial home. The scenario is called "erectile dysfunction of non-organic cause" in medical terms. The major cause of it being anxiety and stressful relation with partner. The wife was completely quarrelsome and perpetually badgered the husband, and no bonding ever formed. Husband was taking anti-depressant medication for stress and fatigue during that time. Apart from the fact of non-consummation itself during this short 3 months, there was no shortcoming by the husband in treating the wife and maintaining duly. How can the wife project the problem as cruelty and domestic violence ? As I understand at worst case she can allege impotency, which will be a matter of debate in divorce / annulment petition. But can the failure f the husband to consummate the marriage owing to unfavorable mental condition constitute cruelty or domestic violence ? Are there any supporting judgement ? Husband is ready to challenge any allegation of impotency or incapacity, and willing to subject himself for medical examination. If the marriage is unconsummated due to temporary inability does it come under the purview of DV ?

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vikasD12 29 February 2016

How can I apply for nullity, as technically dysfunction happened from my part, claiming myself as incapable would be damaging to my own self. Even in petition she alleged of dysfunction never said impotency. However I can challenge her to file for nullity if she thinks it is incapacity, and I will oppose it.

The mentions of the word s*x in PWDVA act is entirely about s*xual abuse. It does not remotely resemble the situation of temporary failure. There was no wilful denial to s*x, I (husband) surrendered to all her s*xual demands - and satisfied her every night mostly intercrural s*x / non-penetrating positions.

Wife fled matrimonial home in 3 months without giving reasonable time. Non-consummation over a reasonable time raises question of cruelty etc. How much time is reasonable ?

If I am voluntarily willing to offer myself to any kind of examination, can her persistence on such wild allegation stand ?
My main objection is, whatever be the reason of non-comsummation, there was no wilful refusal, how can it be portrayed as domestic violence ? Or even s*xual abuse for that matter ? Clearly she is after money. She won't get much as MCD.

She filed DV u/s 12 and 23.

Santosh Goswami,Advocate (Freelancer) 29 February 2016

The complaint under D.V.Act is not maintainable. This is as simple as that. Such cruelty has not been covered under the act. There can not be a question of s*xual abuse. The cruelty alleged is pertinent only to the question of divorce and for nhing else. Secondly, nullity may also be countered if the impotency is temporary and can be teated.

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