Utkarsh 09 September 2020
RITUPORNA GUPTA 12 September 2020
Hello Utkarsh!
Following I have provided my opinion in accordance with provisions of Hindu Marriage Act and I hope this helps.
Generally s*xual intercourse is a natural expectation from both the consenting individuals to mutually indulge in, after the marriage. Non-consummation of marriage refers to, that a couple never had s*xual intercourse after their marriage.
Non-consummation of marriage can lead to an annulment of marriage although different from divorce. Annulment of marriage is granted by the court (Judge) declared as null and void as if it was never in existence whereas divorce is the official legal end to the marriage. Annulment is recommended if the duration of the marriage is less than a year and marriage being invalid there will be no ground for alimony to be paid.
In Section 12 of Hindu Marriage Act which provides for voidable marriage has impotency as one of its conditions. Impotency is the inability to indulge in s*xual intercourse. There are several tests to determine potency which are carried out by medical practitioners and medical evidence is the best validation for impotency.
The spouse has a right to file for divorce on the ground of impotency and if there is no evidence that proves impotency there is no need to pay alimony.
The spouse may get alimony even if she is well educated, working individual depending upon the court’s discretion but for that impotency has to be proven, if not proven the court shall dismiss the spouse’s petition.
Utkarsh 12 September 2020
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