Annulment of marriage (non-consummation) in the hindu law


Hello,

My wife and I got arranged married 9 months ago. I wasn't very physically attracted to her at the time of marriage. I told her before marriage that my preferences are different and that I don't feel the desired chemistry with you. I raised this point at least 2 times but she didn't raise any objections. I married her hoping that her personality and nature will make me attracted to her.

However, after marriage she constantly remained angry, aloof, fought and wanted to spend a lot of money. Also, she was never happy in spite of me taking her out to vacations, restaurants, movies etc. She never appreciated any of my efforts and always seemed to have a strong sense of entitlement. In November 2017 she said she wants to go to India (we lived abroad) and didn't give me a reason. I asked her when she would return but she said that hadn't been planned. She also proposed that her family would be willing to sponsor her for the trip. Since she expressed interest in working, I applied for her work permit hoping that starting a job will keep her busy but even after getting the work permit she refused to work. 

We had a fight recently and after that she sent a whatsapp message to my parents that she is under extreme mental pressure due to non-consummation of marriage and wanted them to call her back. Now she is back in India at my parent's place but everyday seems like a ticking time bomb.

I was wondering if it is possible to get my marriage annulled on the basis of non-consummation on the grounds of selective impotence? Please advise.

 

 
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FIN

Hope you shall take it positively.

 

Pls post the details of selective impotence and source from which it is downloaded...

 
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http://www.lawyersclubindia.com/forum/Nullity-of-marriage-on-proving-virginity--6530.asp

 
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Advocate

In case you are Hindu and married according to Hindu Marriage Act, 1955, section 12 of the Act provides: - Voidable marriages: (1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely: (a) that the marriage has not been consummated owing to the impotence of the respondent; In your case you want to file petition for annulment on the ground of non-consummation of the marriage owing to the impotency of the Respondent/wife, and the fact is that you have been refusing for consummation of the marriage. The impotency whether complete, partial, selective etc. of the Respondent/wife that resulted in non-consummation of marriage has to be proved medically by you as you are the petitioner, hence onus to prove it lies on you to get relief from the court. The simple statement that you don't find her attractive or appealing for consummating marriage with her will not be taken by the court as at the time of marriage you saw her and found suitable for making her life-partner hence you gave consent for marriage, it is not that she was shown to you with covered face and with gun pointing your head were forced to go through marriage ceremonies. Best course for you is to work out the marriage issue with her in an amicable manner. You both need to go in for Mediation and Conciliation process to amicable settle this issue. The marriage if is not going on should be dissolved by mutual consent rather filling irrelevant cases against each other.


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Advocate

Jai, I just want to share a piece of my mind with you. It appears that you took her as your wife without any clear perception and now you are facing the consequences of your unconscious acts. In law there is no hindu impotence, christian impotence etc, and impotency is only a ground for declaring the marriage as voidable only under HMA, you can only move for annulment of your marriage. There are millions of broken hindu marriage,this is in spite of the facts that HMA, is one of the finest marital edicts of Legislatures, just because of entering into marriage like yours, and hindu society needs to change the mind set on this aspects, so that happy marriage does not leads to marital battle fields.Whether hindu, muslim, christian or jews etc, marriage is based on two fundamental objects, and that is, lawful indulgence of passions to prevent licentious and procreation of children acording to divine providence. But in marriage the spouses may have no such mental frame and may have a blissful marriage even without children and even s*x, as human spices are not endangering spices so far, except tigers and rhino etc.

I also accept your version that there is no active working chemistry between you two, as chemistry may be absence totally between one man and one woman, though it may work between two opposite s*xes, which may not necessarily be Love, as such under the circumstances, it may not even be a case of impotency also. In your case it is neither of the two and both are missing, in other words, your marriage is just an empty shell and the only alternative will be for annulment of your marriage by mutual consent, and for this you have the expert Advocate Vijay Raj Mahajan.


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