(Guest)

Annulement of marriage

Hi friends, I seek some legal guidance from you regarding the case i am mentioning below:

I am Subhashish from Assam and got married on 15th Sep 2013. From the day I got married, I and my wife never had any physical relation among us and our marriage is non consumated. The girl never allowed to establish any physical relation during just 1 week she stayed with me and then she returned to her family after 1 week and never returned back. She had always been very replusive to establish/ even talk about establishing physical relationship. I beleive she is s*xually unfit to have s*x and trying to hide this fact. Now in court she is trying to prove that marriage is consumated, which is actually false. She and her parents have imposed a false 498A case against me and my family and harrasing us & demading money from us. They are trying to prove that the marriage is consumated which is actually not, to demand money from us. Please give some legal suggestion, what should I do to porve in court that marriage is not consumated and on this ground the marriage should be annuled.

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20 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 April 2014

If it is really consummated, after some time every one knows with proof of a baby. Otherwise no. Very simple.

(Guest)

I think this is a good joke. Consummated marriage does not just means baby

Tanuj Verma (Self) 01 April 2014

can any body advice me that what is the legal formalities of bail.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 April 2014

Dear Mr. sarkar

it is very difficult to prove that the marriage is consummated or not. it will be better to resolve the matter amicably with the help of mediation cell

(Guest)

Thanks,, What about if I appeal court to conduct her medical examination? Since she have never allowed any s*xual activity, I beleive she is impotent or have some s*xual disorder.

Please suggest..

Nishant (BDE) 02 April 2014

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Gautam Kapoor (IT professional Studying Law) 02 April 2014

@Subashish - The onus to prove that the marriage was consummated lies with them. You do not have a baby adding more credence for marriage not being consummated.

Shantanu Wavhal (Worker) 02 April 2014

Originally posted by : ramachary64@gmail.com
	If it is really consummated, after some time every one knows with proof of a baby. Otherwise no. Very simple.

its a CRUEL joke ...

1 Like

(Guest)

Thanks Gautam for the reply.. But its me who is trying to prove that the marriage is not consumated. The girl on the other side is trying to prove that the marriage is consummated which is false, she is trying to avoid annulment of marriage so to demand money from me..

I have explained the details, Plase Experts suggest..

Shantanu Wavhal (Worker) 03 April 2014

mere proving FAULTLESS non-consummation is NOT sufficient.

one spouse HAS TO prove the the non-consummation was because of the IMPOTENCY OF THE OTHER SPOUSE.

12. Void able marriages

(1) Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a) that the marriage has not been consummated owing to the impotence of the respondent

Shantanu Wavhal (Worker) 03 April 2014

u have to pay her even if the marriage is annulled u/s 12

Gautam Kapoor (IT professional Studying Law) 03 April 2014

@Subashish as stated above, you have not understood the message -The onus to prove that the marriage was consummated lies with them. You do not have a baby adding more credence for marriage not being consummated.

rajendra (na) 03 April 2014

If the 498A case is pending against you do the below....

1.File divorce under section 12a(impotency) ground if you are sure .........

Request the judge to send her to medical test and below are the test

MEDICAL REPORTS

1.TSH

2.LH

3.FSH

4.ULTRA SOUND SCANNING

5.ANDROGENS TEST

6.CHROMOSOMAL ANALYSIS

If she is not fit for s*x or she is not lady she will skip the medical test...

If she proved as a lady then only you will pay maintance ..if you get divorce under section 12 a no need to pay single rupee and apart from that you can file a criminal case under section 420,406,120B against 498A Gang....

Good Luck