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Rajesh   17 June 2015

How much effective 498a arrest when no consummation

what is the possibility of detention once 498a filed, but the investigating cop understands the bride never went to husband home to live after marriage, and officially (and even unofficially) consummation or first night after marriage never happened. The marriage happened, three years back and registered hindu marriage. Does magistrate to whom produced before can cancell the arrest in case convinced that this can possibly anulled and not a marriage at all. I want to proceed for divorce. Please advice, Thanks a lot.


 8 Replies

Adv k . mahesh (advocate)     17 June 2015

read the section 498a Husband or relative of husband of a woman subjecting her to cruelty. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

for filing under this section no consummation is required any cruelty she can file and why no consummation till date

better to discuss with her and settle the issue and if not then try to discuss for mutual consent divorce which is safer in many ways and time saving

1 Like

yogendra (engineer)     17 June 2015

No arrest in 498a don't worry.Show IO the Arnesh kumar Vs bihar judgement.

1 Like

saravanan s (legal advisor)     17 June 2015

non consummation of marriage due to impotency of the bride is a valid ground for getting the marriage annuled.to my knowledge its a difficult ground to prove in court.if you can get the marriage annuled then you can quash 498a based on the annulment of marriage.

you wait for the chargesheet to be filed.then based on the charges in the cs you can prove that prima facie its a false case on you.go for quash under 482 crpc in high court or file a discharge petition

1 Like

Rajesh   18 June 2015

Mahesh sir

no consummation till date because she did not came to my home to live a married life since the day we married, showing some vague unimportant reasons and intentional quarrels. she did not come for an important custom of our community of going to family worshipped deities temples then welcoming rituals of bride then  arranged first n...t. Do you say this is a solemnised marriage without the rituals and customs completed? There might be some reasons for this behaviour i suspect strongly but because of no evidence i am not mentioning here or can not say in court also.

Dr J C Vashista (Advocate)     18 June 2015

Ask for annulment of marriage, in fact the marriage is incomplete consequently there is no chance of cruelity towards the woman by husband or a relative (as enshrined u/s 498A IPC). The FIR can be quashed without any hitch/problem.

1 Like

Rajesh   18 June 2015

Dr J C Vashista sir

since the marriage was in dec 2011, can i ask for anullment now?

thank you.

saravanan s (legal advisor)     18 June 2015

dear mr rajesh

Impotency - If either spouse was physically incapable of entering the marriage at the time of the marriage, usually because of a lack of ability to have s*xual intercourse, and if this inability appears incurable or if the spouse refuses to take any action to cure the inability, there are grounds for an annulment. The inability must continue and must exist at the time of suit.

saravanan s (legal advisor)     18 June 2015

The inability must continue and must exist at the time of suit.which means you can file for annulment

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