tk (none) 25 September 2009

Consummation important for restitution of conjugal rights

My marriage was not consummated. How will this affect my filing for restitution of conjugal rights against my husband?

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9 Replies

Sanjay Bansal (Partner) 25 September 2009

it would not effect as consumation may not be for so many reasons. that is a question to be decided in evidnce.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 26 September 2009

It will not affect. you may go ahead.

Regards

adv.kamal.grover@gmail.com

B.N.Rajamohamed (advocate / commissioner of oaths) 28 September 2009

Sir,

Consummation of marriage is not a criteria for claiming restition of conjugal rights.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 08 October 2009

I do agree with the views of my Ld. friends.

Suchitra. S (Advocate) 08 October 2009

Consummation is not a criteria for filing a case on RCR. You can proceed with the case as suggested by Ld people above.

kamal katyan (Advocate Supreme court of India) 07 November 2009

The foundation of the right to bring a suit for restitution right is the fundamental rule of matrimonial law that one spouse is entitled to the society and comfort and consortium of the other spouses has abandoned or withdrawn from the society of other without reasonable excuse or just cause. If your marriage is not consummated owing to you without any just case or reasonable excuse it will be a good ground for your husband to contest your petition because s*x is considered an essential part of marriage...

Kamal Katyan ,Advocate

kamalkatyan@gmail.com

Mob. # 09999956333

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 08 November 2009

I agree

Fraud_victim (Manager) 25 March 2010

how can it be proved in court of law taht marriage has NOT been consummated? A boy or girl may not be virgin, but still marriage is consummated is a question?