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Rahul Sharma (Others)     14 November 2012

Divorce on Non consummation of Marriage

Respected all,.. Please guide

 

Marriage lasted for 4 months, wife left matrimonial home after that and till today i.e after almost one and a half year not interested to join nor allowed husband to consummate the marriage during her 4 month of stay ( giving excuses every time)

 

Husband files RCR with the intentions of saving the marriage after waiting for 8 months and after all requests.

 

Then Withdrawn RCR after 1 year of useless battle seeing no fruitful outcome and see their unreasonable monetary demands...in RCR petition and WS both agreed that marriage was not consummated but blamed each other.

 

Now seeing no amicable settlement or solution and after all failed mediation If husband files for nullity of marriage as it has not consummated. Since both wife and husband accepted in the petition and reply that their marriage has not consummated.

 

Also, she mentioned in WS that she don't wish to join back her matrimonial obligations Though wife said husband is the reason for non consummation in RCR WS and husband said wife is the reason for it in RCR Pettion.

 

Though no one is Impotent (Please note)

 

Please suggest

 

1. Would court accept the petition of husband for nullify of marriage on the ground of non consummation

 

2. Is this ground self sufficient to go for nullify

 

3. What all medical test are required for both of us

 

4. Any judgment that could educate husband more.

 

Regards,

Rahul Sharma



Learning

 4 Replies

MohammedRaffiq Bijapur (Advocate)     14 November 2012

The  nullify of marriage on the ground of non consummation can only be exercised only after getting decree for RCR or JS.

Rahul Sharma (Others)     14 November 2012

Mr, Mohammad what do JS stands for?

 

Other experts please suggest too.

Chetan Joshi (Advisory/Advocacy)     15 November 2012

Rahul...

 

Non consummation because of impotency of either party is a gound for nullity and not non consummation itself...

 

Denial for s*x for is a ground for cruelty and hence a ground for Divorce...

 

Surf a bit you will find judgements...

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Rahul Sharma (Others)     16 November 2012

Thanks all looks clear that in above case; one should go for Divorce rather than nullifying of marriage.


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