Defending cruelty ground in unconsummated marriage

Unconsumated marriage for any period of time is voidable but do not form part of cruelity till you can prove that whether the couple staying togather after marriage had either mental or physical cruelity..

Dr Vashista

Thanks for the response.  The issue is that within 8-10 weeks stay at matrimonial home, allegation of mental harassment due denial of s*x .

I am aware that willful denial of s*x is ground of divorce on being "treated with cruelty" sect 13.1 ( 1a). But shouldn't this for considerable long period.
But can 8-10 weeks not be considered a small period and cruelty grounds be denied.

But How to prove Non Consummation of Marriage?

Dear,

Even a single denial without sufficient cause would amount to a cruel conduct, and so far as 8-10 weeks are concerned, its a long period to justify. 

Advocate Kapil Chandna

9899011450

In this case both have admitted before the elders. But the real reasons are different. The girl is not cooperative , got into fights with honeymoon plans etc. Left house in 8-10 weeks. Now filed a false allegations of denial of s*x , thus mentally harassed.

The point is in defending such allegations of mental harassment for such short periods of 8- 10 weeks . How mere 8-10 weeks of stay , and lack of consummation during this period amounts to mental harassment ?
 The court should see that ample time is given in building a relationship, compatibility issues etc.

8 to 10 weeks is a very long period for mental harassment and may be she is not comfortable but what steps you have taken to make her comfortable in the your family atmosphere

if you and your family has not done any thing then fight legally 

We have done family counseling along with elders of the family on both sides. We contacted the girls elder sister to counsel her. Honestly everyone tried their level best.We were complacent thinking in few months thinks will get normal as their family was trying their best. The girl resides in the same neighborhood.  But as soon as it turned 1 yr of marriage she filed this case. Now the parents of the girl are supporting the girl's cause and her allegations.

Please help.  

Since she is firm in her decision to not not continue her marriage and also states only one ground that is, non consummation of marriage, may be there is some strong suspicion on your younger brother's attitude and behavior.  Why do you keep telling about her case alone,have you confirmed the details from your brother, what is your brother telling about consummation of marriage?, is he physically alright, if yes, challenge her allegations stoutly.  The burden to prove her allegations will fall on her shoulders.

In the given situation there is no point of calling it a marriage.

You should talk with her to get the marriage annulled through a decree of divorce, for that engage a local lawyer.

1. 8 to 10 weeks are too long a time for a married couple to consumate the marriage,

2. You got to justify such non consumation,

3. You can say that it is she who has refused to consumate the marriage,

4. It will be difficult for her to prove that you have refused when you claim that she has refused.

The truth is that she refused to consummate and my brother thought of giving time in building the relationship. never aware of evil designs. There is no physical disabilities in both of them , its one thing we all will verify first.

Non consumation of the marriage may be due to fabricated fearfulness of the bride.  If it is so the husband can pray before the court for counseling the bride by an expert Psychriatist at the cost of husband but under the supervision of the court where said expert will submit his report.