498-must-scrap (Manager) 14 November 2012

Marriage not consummated

Hi All Experts,

Before I start, I seriously want to take a moment to thanks all the Advocates who is helping people like me and supporting them emotionally and technically to fight for their rights…THANKS A LOT ! Does Non-consummating of marriage a ground of divorce, does that means that marriage is not valid and can be considered to be dissolve Just to give you all a background;

My Son Got Married in JAN 2010, she never live with my son because We all unaware from this from last 2.10 year, we are from Nagpur & that girl is from Chandrapur, Girl is not living with us or with my son from begining (date of Marrige), they got registered marriege infront of Girl relative in Nagpur Court, nobuddy was there from Our family or friend circle of my friends. Now we are constantly contacting to girl family but they all not responding & not ready to discussed on this but Girls saying she is Ready to live with my son, but at the time of registration marriage girls family assured to my son for Marriage ceremony in our city & son was agree for spend 50-50% amount, but now they are not agree to do this and saying we cant do this if you want to bring her come & bring although girls saying she is ready to live with my son but my son not agree without any ceremony because this is dream of life it's come once in life.

I contacted to Local Advocate and discussed about above, he saying we have to prrove this Marriage not consummate yet that's why it's totally Null & void because from date of merriage they didnt Live together as husband and Wife. Is it possible ?

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 November 2012

Dear Querist,

Consummation is not a necessary condition to make the marriage complete.
I differ with your local advocate, non consummation is a ground for annullment of marriage and not nullity of marriage, there is a vital distinction. Nullity is obtained for a marriage that is null and void i.e in layman terms zero in the eyes of law from the very beginning. on the other hand a marriage is annullment which is voidable, that is irregular and as long as it is not avoided it is good. and it doesnt end there - Non consummation is a ground for annullment only when non consummation is because of impotency of either party. Otherwise non consummation on refusal can be ground for divorce as non establishment of s*xual relations is cruelty of a very grave order.

Hope this helps !

Bharat Chugh - Advocate Supreme Court of India

Law for Layman (Laws of India Initiative)

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Chetan Joshi (Advisory/Advocacy) 14 November 2012

Hi Sudhakarji...

Non consumation of marriage due to impotency of either spouse is a ground for annulment...An annulment or nullity decree means that the marriage holds a null and void state as if it never happened,....

No s*xual intercourse is considered as cruelty and is a ground for divorce....Your lawyer either is little low on legal knowledge or he is trying to make you understand in layman terms.....

Regards

Chetan(dot)7679(at)gmail(dot)com