Consummate
Guest
(Querist) 06 January 2012
This query is : Resolved
DEAR EXPERTS I NEED UR ANSWERS VERY URGENTLY SO PLEASE ANSWER MY QUESTION.
I AND MY HUSBAND HAD CONSUMMATED OUR MARRIAGE FROM JULY2011 TO SEPTEMBER2011.I HAVE APPLIED TO NULLIFY OUR MARRIAGE.WE DID NOT LIVE TOGETHER BUT MET IN SOME OTHER PLACES AND CONSUMMATED.I HAVE APPLIED UNDER SECTION 25 OF SPECIAL MARRIAGE ACT THAT IT IS NOT CONSUMMATTED.WILL CAN DISPROVE THIS? IS THERE ANY OPTION TO DISPROVE?IF I GO FOR MEDICKAL CHECKUP WILL IT BE FOUND?PLEASE ANSWER ME.
Sankaranarayanan
(Expert) 06 January 2012
If your marrige held under special marriage act or hind mariage act
R.Ramachandran
(Expert) 06 January 2012
Dear Geetha,
I am one of the strongest protoganists in this Forum against "Anonymous" queries and was of the view that one has to come up with names even if it is "pseudo name".
But in your case, because of the peculiar and sensitive nature of the issue involved, I am equally of the strongest view that you should not have used your real name to pose the query. I SINCERELY HOPE THAT IT IS NOT THE REAL NAME OF THE QUERIST - or that the matter does not pertain to the personal case of the querist!
I am not clear whether you have alleged any "impotency" of the man to consummate the marriage, or his general aversion to consummate the marriage etc.
Unless those issues have been pleaded and proved the grant of divorce on the ground of non-consummation within 6 months of the marriage is unthinkable.
Further more, at this stage, while it would be possible for medical science to prove that one had a physical relationships, but it cannot be proved that such relationship was had with ones husband alone (unless the husband has any other conclusive proof to the contrary!)
In any case, the ground taken by you seems to be very weak - not because that anybody would prove that marriage between the husband and wife had been consummated - but the husband will definitely contest the matter (unless he also wants divorce) as his prestige is also involved. In case the husband is also willing for divorce, then the best course would be to wait for the waiting period, and go in for mutual consent divorce.
M/s. Y-not legal services
(Expert) 06 January 2012
you got well advised by my senior mr.ramachandran.,
i hope your marriage is register marriage, also its happened without knowledge of your family members., did you take any demo version for your proper marriage?
why you people doing this same without getting shame..
-tom-
prabhakar singh
(Expert) 06 January 2012
So,your ground is "Marriage non consummated"
To prove it in court you need to prove two things.....(1) non consummation of the marriage &(2) secondly the impotency of your husband.
For none consummation of marriage you shall say it on oath, get some witness very near dear and closed to you whom you informed the absence of any sexual relationship with you after the marriage.
For the second issue which is impotency of your husband you have to prove it by sufficient medical evidence, for which you may cause your husband to be required to under go medical examination by qualified medical practitioner who will report about his potency or impotency that will be evidence about your second charge ,if pleaded in your petition. Even if the first part of none consummation of marriage i.e. lack or Sexual relationship between both of you are presumed to exist, the second part is more important to prove in the court by the medical evidence that none consummation of marriage was due to 'his impotency' if this part is not proved, your charge fails & you cannot be granted decree of nullity on this ground. The charge of mental or physical disability you have made has to be with regard to impotency not any thing else. A person may be disabled mentally or physically for some other activity of life will not mean the person is disabled for sexual activity.
Raj Kumar Makkad
(Expert) 06 January 2012
You have very weak case in hand. Your query is also full of contradictions. On the one hand you say your marriage was consummated and on the other hand say that it was not consummated and you have even challenged medical science and courts and expect reply over your foul play and dishonesty from experts.
Sorry, we experts here are not meant to stand with the persons whose cases are based upon dishonesty or who clearly approaches with malafide intension.
Shonee Kapoor
(Expert) 06 January 2012
I agree with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
mahendrakumar
(Expert) 07 January 2012
"sorry,we experts here are not meant to stand with the persons whose cases are based upon dishonesty....."
I love that points Mr.Makkad and second with you.
V R SHROFF
(Expert) 07 January 2012
WAIT & WATCH , FEBRUARY IS VERY NEAR.
U R ONLY 19 AND A STUDENT.
KEEP QUITE TILL U COMPLETE STUDIES, AND DO NOT PUBLISH UR MARRIAGE OR UR ACT OF APPLICATION FOR NULLITY on false grd wh u r likely to loose.
Go to Court with Clean hand.
Why u want to prove your most loved person a impotent for yur selfish motive??
Let me assure you, no one is going to suicide for your act, so don't worry.
only concentrate on your study, forgetting all these for a year.
After completion of your study, decide what u have to do. Things will change by then.
Parents look after a daughter and do not expect, you get married without their knowledge, Though u r legally allowed, u have no moral responsibility??
As u made mistake, have patience, suffer by concentrating only on study now, and God will do the needful, depending upon the power of love u both have
R.Ramachandran
(Expert) 07 January 2012
Dear Mr. Shroff,
I wonder as to where from you come to know that the querist is only 19 years of age, your mentioning 'February is very near', 'no one is going to commit suicide for your act' etc.
Did you get any PM from the querist informing additional facts? In that case I fully appreciate.
Deepak Nair
(Expert) 07 January 2012
Dear Geeta,
It is already advised to you in your earlier queries regarding the divorce.
Please note that, if you really want divorce, then the best way is to get the same through mutual consent.
Any dishonest allegation can be disproved in the court of law. Since you had intercourse with your husband, it can be proved by your husband since he is not an impotent which you too agree.
I therefore support the views of Mr.RAjkumar makkad.
Dishonest and false submissions, once disproved always backfires and you being a young girl won't be able to tolerate that.
Devajyoti Barman
(Expert) 07 January 2012
All have adequately guided and need no more additional information.
