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Rajan (Rajan)     29 October 2012

Is uncosummated marriage void and legal?

If both parties are Hindu and if the marriage is not consummated but both parties are not impotant.In this case is the marriage void ?

I have heard that till the marriage is not consummated it is not valid as per Hindu religion so what would be the status of such marriage.If someone threaten with use of law to consummate the marriage then is that not cruelty and to be considered as rape ?


 15 Replies

Goutam Prasad (Advocate)     29 October 2012

In case of wilful non-consumation, marriage is not void or voidable.

But, practically if any dispute arise generally, either party claims opposite to be responsible of non-consumation and tries to prove him/ her impotent for having marriage catagorised to be voidable.

Consumation without will certainly attract provisions of Rape under IPC.

If marriage remains non-consumated for a period of two months or more where the family conditions are normal, it is suggested to consult the doctor for any medical or psychological disorder. Also, the issue may be talked out clearly for arriving at proper resolution.



Rajan (Rajan)     29 October 2012

Thanks for your response.

So if a man is not impotant but he is unable to consumate it with his wife then he has to meet a psychologist and don't you think this is mental cruelty against the man to force him to consumate with a woman with whom he does not want to have s*x otherwise he has to go through tests.

All around the world having s*x is the individual decision of the person but in India if a man not having s*x with wife then she can put the husband behind behinds bars in the name of cruelty.Does Indian men have any human rights ?

Tajobsindia (Senior Partner )     29 October 2012

Originally posted by : Goutam Prasad

Consumation without will certainly attract provisions of Rape under IPC.



@ Mr. Gautam Prasad, which school of Law taught and allow me to quote you “Consumation without will certainly attract provisions of Rape under IPC” with a major age married wife in marital relationships ?


@ Author,

However above being minor deviation to reply the query in context to presented brief, the law is well settled that if either of the parties to a marriage being a healthy physical capacity refuses to have s*xual intercourse the same would amount to cruelty entitling the other party to a decree.

In our opinion it would not make any difference in law whether denial of s*xual intercourse is the result of s*xual weakness of the respondent disabling him from having a – s*xual union with the appellant or it is because of any willful refusal by the respondent; this is because in either case the result is the same namely frustration and misery to the party due to denial of normal s*xual life and hence cruelty.

If you are not willing to consumate the marriage then keep yourself in your wife's position and give your marriage justice as marriage without Sex is anathema,Court holds Impotency OR refusal to have Intercourse as Mental Cruelty. This is double edged sword in your case be warned and act accordingly instead of deviating to gender biased laws i.e. either consumate the marriage or part with her company which is easier in unconsumated marriages.

Rajan (Rajan)     29 October 2012

@Tajobsindia as you have mentioned "either consumate the marriage or part with her company which is easier in unconsumated marriages"

Could you please let me know how can i part company when she is not ready for the same and if i file for divorce then sure she will file false cases of dowry or anything against me.

Tajobsindia (Senior Partner )     29 October 2012

1. By paying whatever she asks OR living with it.

Marriage is not like a joke that one gets married today and in nite time announces to the world (I mean to their society) neither I wish to consummate or wish to file divorce nor I wish to be subjected to medical tests if allegations galore as it is mental cruelty and human rights violation to ME !

I mean be reasonable how these are possible in Hindu marriages? Any spouse may have 1000 reasons not to consummate the marriage but should have thought of all such 1000 reasons before taking steps in legal marriage. What is her fault now that she married to you! By simply not consumating your marriage by your willful unilateral decision you don't built-up grounds for Divorce (annulment due to un-consumated marriage here) is my view. Even if you allegate her she will willingly say come let us go and consumate right infront of counselor or ld. Judge or even opt for any nature of medical tests and will also put an application for your medical tests and if you say NO for such tests then the whole case will go against you, then what, think all these and come out of such childish logics. All that Hon'ble HC / SC decision on medical tests are for other facts not similar to yours even if you read them and claiming what you are claiming here.

So best is to live with it, till she raises her lady finger eventually and then face such legal music and let some years of litigation pass and then if either gets frustrated part company via mutual consent again some payments will get involved.

You cannot now bake and eat the cake!

Javed (CA)     29 October 2012

Mr. Taj you stated  married wife and married relationtionship.What kind of relationship does exist here if the marriage is not consummated ? How can one use the term married relationship which never existed here.

Tajobsindia (Senior Partner )     29 October 2012

@ Javed,

That is your non-legal assumptions not mine. Read 5 more times the query and tell the forum who is at fault for whatever reasons? Reasons come next.

The marriage relationship is not existing but for annulment both have to agree and given the nature of this query she will not agree for a simple reason she is willing to consummate the marriage whereas queriest is not willing and yet wants to live just like that ! Unless both parties agree for annulling their marriage due to non-consummation of their marriage how only one party can annul it by any definition of Hindu codified Laws ?

I mean you marry and don't consummate and yet claim that hey I donot wish to consummate nor I wish to go for medical tests yet Law has given me grounds for divorce? I mean become member of the Bar and then talk to me such questions.

Javed (CA)     29 October 2012

So the member of Bar suggest to pay whatever she asks otherwise face the legal music.I think the word used for this is Blackmail.

On what basis you suggest him to pay whatever she asks ? Abala Indian Naari or Destroyed the life of poor Indian girl or something else ?

Here the author did not mentioned he wants divorce but he only mentioned he cannot consumate with his wife maybe he can live with her.Its now the decision of wife to file for divorce but she cannot force him to consumate using force of law.

Could you please suggest if any such law exists in any other country other than India or Afghanisthan or maybe Pakistan.

Tajobsindia (Senior Partner )     29 October 2012

@ Javed,

 An Indian male marries and does not wish to consummate marriage yet wants to live just like that till eternity!
Question to @ Javed – Will any Indian wife agree to allow her husband to live like that till another Century! What are the options left for wife in such situation?

2. An Indian male marries and due to non-consummation of marriage by himself he is worried and shows up here with a query on his so called human rights!
Question to @ Javed – Where are Indian wife’s rights in marriage such as consummation or divorce or one time alimony to part ways?

3. An Indian male marries and says he does not even wish to file divorce yet live in marriage without consummating?
Question to @ Javed – What is this marriage for him as well as to his wife in Indian context all about?

Now that you got my attention, knowing well you could not read the queriest post 5 minimum times as advised by me, yet you answer specifically to above question and donot deviate to abala syndrome, I know your so-called depth on abala syndrome reading all your postings till date here!

Javed (CA)     29 October 2012


1  An Indian male marries and does not wish to consummate marriage...

Here not just the Indian male married but also Indian femal also involved and if its a arranged marriage then neither Indian male nor Indian female know each other well before marriage but its always Indian male who is at fault.

2. An Indian male marries and due to non-consummation of marriage by himself...

What if the Indian male is unable to make his 498a,406,494,DV,DP all false charges and the so called Indian law even without checking the authenticity of it arrest the so called Indian male.

Now what should the Indian male do,part away with all the savings he made till date so the Indian female go and live with another Indian male or show his middle finger to Indian law and live rest of his life out of India where law is equal for men and women ?

Tajobsindia (Senior Partner )     29 October 2012

@ Javed,

See, that is why I commented to you “I know your depth on abala syndrome…..” You are quizzing me on what you read about gender biased laws instead of giving queriest a single suggestion what he should do in conext to his query not vague answers on pan India gender Laws application

I asked specific 3 questions to you and instead of specific reply to my three questions starting with “Question to @ Javed….” you picked bullet paras above my three questions that also 1 and 2 where is 3rd. one and you are arguing with me vaguely!

Instead of arguing with me tell by yourself to this queriest that he keep quite for rest of his life and don’t make big issue of 498/406/DV/ DP /S.125/S.24, why you and he are worried now he he.

Now would you like to discuss International Jurisprudence with specific emphasis on Afghanistan and Pakistan on "annulment due to non-consummation of marriage grounds" as what do their Laws says? I am open for discussion on exact Sections / Code / Act come ask me query relating to these two countries or anywhere in the world but don’t point a finger before reading context of the query minimum 5 times.

Javed (CA)     29 October 2012


Here the query being raised is if Unconsummated marriage void and legal and for this the solution given by you is to to pay whatever she asks so that she leaves him or consumate the marriage otherwise he has to face Indian laws(this is a threat of false charges like 498a/406/DV etc)

A common man does not know 498a and DV but its the lawyers and advocates who are making people to file false charges and making mockery of law.

I would like to honestly ask you is it possible for the wife to charge this man with any other charge other than DV for non consummation ? Also could you please let me know the law of any country which forces a man to consumate he marriage as everywhere in world marriage comes under civil law.

rajat (registrar)     29 October 2012

In any relationship both parties have their rights.....it wont be fair to allow one person to move out without asking other person's expectations....hence the dispute.....if forcefully keeping them togather achieves something is another matter.....

Tajobsindia (Senior Partner )     30 October 2012

Essence of thread post:-

If wishes were horses beggars would ride!

Fantastic wishful thinking ………...

1. I will not consummate our marriage.
2. I will take my own sweet time after marriage to or not to consummate my marriage. 
3. Pre Codified Hindu way of life protects me in 21st. Century carried forward Hindu Codified Laws.  
4. I will be skeptical to any criminal or civil damage action by my wife due to non consummated marriage by me.
5. She can do whatever means she wants in trying to consummate marriage but never use criminal or civil action for non consummation of marriage as ground to dissolve her marriage with me.
6. I will not be subject to any medical tests as it is Human Rights violation which initially I heard ND Tiwari also said similarly (in a paternity action suit matter) and is mental cruelty to me
7. It was her marriage and not mine after all.
8. World over it is like this.
9. Lawyers are instigators to file suit for criminal or civil action since I am not consummating my marriage and have been threatened.
10. Wife’s are fools who wish that marriages are to be consummation only!
11. There is a life beyond consummation also which I strongly believe.

And finally, a woman who is at my home is not a legal wife to me and she should live a life just like that and neither she nor I will use non consummation of marriage as grounds but will get by mail order plain vanilla divorce decree!

The question is not that anywhere in the world any law specifically binds two spouse to consummate the marriage; the question is what will you and/or she do if you and/or she do not consummate your  marriage?

Hence, I am a fine married man ~ Now how are you all common men out there!!!

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