Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ASY Films   11 December 2021

Is non consummation a ground

Non consummation by willful refusal by wife or husband can this be a ground for divorce



Learning

 11 Replies

Advocate Bhartesh goyal (advocate)     11 December 2021

Though non consummation is not ground for divorce but if it is due. to impotency then marriage may be annulled on this ground otherwise willful refusal for consummation amounts to cruelty which is ground for divorce.

P. Venu (Advocate)     11 December 2021

Please post complete facts.

ASY Films   11 December 2021

Me and wife diidnt had s*x from the very first day and had refusak some times by me or sometime by my wife , marrige took place in may 2021 and she stays very rarely at my home for example stayed for just 2 months in 7 months time and keeps asking for money every month I am planning to file for divorce what are the chances that I will get the divorce and on what grounds 

Anaita Vas   11 December 2021

There are two possible situations for non-consummation of marriage:

  1. Impotency (It is a ground for making a marriage Voidable under Section 12 of Hindu Marriage Act (HMA)[i], meaning that on this ground you can get your marriage declared void by court. And it has been judicially recognised as part of Cruelty under Section 13 of HMA[ii])
  2. Persistent refusal to have marital intercourse (Amounts to Cruelty)

 

Regards,

Anaita Vas

Dr J C Vashista (Advocate)     12 December 2021

Instead of moving petition for divorce you should file a case for annulment of marriage on the ground of non-consumation of marriage.

ASY Films   13 December 2021

But as far as I know annualment could be done on d basis of partner impotence but she is refusing to consummate

Dr J C Vashista (Advocate)     13 December 2021

Improve your knowledge through expertise of lawyers on this platform and move as advised if you have a geniune problem and have faith in the obligation of experts.

N.K.Assumi (Advocate)     13 December 2021

The Courts in India have always treated failure to effectuate s*xual intercourse  as cruelty. It is a clear cut case of mental cruelty, which is a solid ground for divorce.In stead of acting on the experts opinion you are  just wasting your time with your rebuttal.

ASY Films   13 December 2021

But as far as I know annualment could be done on d basis of partner impotence but she is refusing to consummate

Kawmini Liyanage   14 December 2021

Greetings!

The Hindu Marriage Act of 1955 governs the regulations related to Law. The nine recognized grounds are laid out in section 13(1) which can be used by any spouse to file the action. For your reference they are mentioned below;

  • Adultery
  • Cruelty
  • Conversion
  • Desertion
  • Insanity 
  • Leprosy
  • Presumption of Death
  • Renunciation
  • Venereal Diseases

Following the decision Saroj Rani vs Sudarshan Kumar Chadha 1984 AIR 1562, 1985 SCR (1) 303 it is declared that either party to a marriage can file a divorce n the instance where conjugal rights has beehaveeprived. 

 

ASY Films   20 December 2021

It's just 7 months when marriage took place and from the very first day marraige is not consummated and have proof of that in chats also she has just stayed for less then 2 months at my house when marraige happened,and she always find excuses to go back home my parents have given all her money back on her bank account in just 2 months of marriage which they gave to us ,we didn't demanded anything and now also she keeps asking to take money from me for buying new phone and her other expenses and threatens me to put in jail and commit suicide are these grounds good enough to get a divorce decree


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