Non consummation - denial of s*x

Rahul Sharma (Querist) 06 December 2012 This query is : Resolved
http://articles.timesofindia.indiatimes.com/2012-03-24/india/31233448_1_marriage-first-night-wedding-night

Can anyone please help me in sharing the judgment on above case, or any other judgments on Divorce due to Non Consummation - Denial of s*x

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Devajyoti Barman (Expert) 06 December 2012
Please engage an advocate. He would help you making your case.

Rahul Sharma (Querist) 06 December 2012
sure sir, but I just want to do my homework and research..so looking for your help and support.

Nadeem Qureshi (Expert) 06 December 2012
Dear Rahul
you can contact personally or over the phone

Rahul Sharma (Querist) 06 December 2012
Sure I will get in touch but someone atlest help me in getting link/doc on any such citation/judgment.

ajay sethi (Expert) 06 December 2012
Mrs. Rita Nijhawan vs. Mr.Bal Kishan Nijhawan AIR1973Delhi200 held as under:

"In these days it would be unthinkable proposition to suggest that the wife is not an active participant in the sexual life and therefore, the sexual weakness of the husband which denied normal sexual pleasure to the wife is of no consequence and therefore cannot amount to cruelty. Marriage without sex is an anathema. Sex is the foundation of marriage and without a vigorous and harmonious sexual activity it would be impossible for any marriage to continue for long. It cannot be denied that the sexual activity in marriage has an extremely favorable influence on a woman's mind and body, the result being that if she does not get proper sexual satisfaction it will lead to depression and frustration. It has been said that the sexual relations when happy and harmonious vivifies woman's brain, develops her character and trebles her vitality. It must be recognised that nothing is more fatal to marriage than disappointments in sexual intercourse

Raj Kumar Makkad (Expert) 06 December 2012
In the given situation, the marriage can be got declared null and void as per section 12(1) of Hindu Marriage Act.

This is the latest case link:

http://indiankanoon.org/doc/161638365/

ajay sethi (Expert) 06 December 2012
Shankuntla Kumari vs. Om Prakash Ghai AIR1983Delhi53 wherein it was held that:

"(25) A normal and healthy sexual relationship is one of the basic ingredients of a happy and harmonious marriage. If this is not possible due to ill health on the part of one of the spouses, it may or may not amount to cruelty depending on the circumstances of the case. But willful denial of sexual relationship by a spouse when the other spouse is anxious for it, would amount to mental cruelty, especially when the parties are young and newly married."