Non consumation of marriage. please help....

Dear querist,

 

The question on  validation of marriage doesn't not make any sense until or unless the matter has not gone in the family court.As per your statement if marriage is not consumed then there must be a undoubtful reason behind that to make it voidable or annuled marriage.In an eye of Law all non-consummed marriage is voidable marriage if it is prooved.

Dear sir

I have married a girl on 3rd june 2013 under special marriage act and sent her back to her father,s house as per the choice of my wife as she wanted to come to my home after her brother,s marriage. But recently their parents knew about our marriage and they are not at all ready to give their daughter to me.

Earlier the girl was favouring me but on 4th sept i had a telephonic conversation with her in front of her father and she refused to come with me. her parents filled a pettition against me that I have forged all the documents of the girl and intoxicated her on the day of marriage. Thay's why girl was not concious and she signed unknowingly everywhere. but all the documents which i have submitted were not forged and I can prove this nor i have intoxicated her. She willingly married me. on this basis their case has been admitted in the family court. they got next date of 26 sept 2013.

I have also filled section 9 for bringing my wife back. I got next date of 23 november 2013.

My in laws want to settel the matter outside the court. As per them we should not go to the court for divorce. they are saying that they will get their daughter married in the village very soon and asking me also to get married to some other girl. They are saying that they will not interfare in my life in the future nor I should interfare in their life. But everything will be verbally.

I want to know that

1) Will I be penalized if marriage will be proved null and void.

2) Should I settele the matter outside the court and agree to my in laws or should I give divorce under sec 13b.

3) If they are not able to prove the marriage null and void then what will happen?

4) I have not kept the girl along with me for a single day. We dont have any physical relations also.  Can this be the point for the marriage to be null & void?

5) Is it possible to bring my wife back as I have filled sec 9. Or will this sec 9 filled by me will hlp me in anyway in this case.

6)Will it be a right decision to file for non consumation of marriage with mutual consent as it is not possible to bring her back since my in laws are very cruel.

Thanks in advance. Waiting for your revert eagerly. Kindly revert soon.
 

1) Will I be penalized if marriage will be proved null and void.

 

Opinion: It depend's on allegations and fact's and circumstances of that particular case.As per your Query her allegation's are serious.So better fight for it.

 

2) Should I settele the matter outside the court and agree to my in laws or should I give divorce under sec 13b.

 

Opinion: It's better to go with MCD if they are hell bent to marry her daughter and even you wife is supporting her parent's on their decision.

Gone are the day's where the meaning of Love was only sacrifice. Now the GF's brutaly overide's on the dead body of his BF and marry other TOM ,D.I.C.K, & HARRY  for Money.

Remmebr the above Para and act wisely.Don't run for those who run for other's.

 

3) If they are not able to prove the marriage null and void then what will happen?

 

Opinion: Your marriage will be still intact on paper. But no life ahead.

One partner is running and other is chasing.........!!

 

4) I have not kept the girl along with me for a single day. We dont have any physical relations also.  Can this be the point for the marriage to be null & void?

 

Opinion: Yes offcourse. She can allege anything but she has to proove undoubtly.

 

5) Is it possible to bring my wife back as I have filled sec 9. Or will this sec 9 filled by me will hlp me in anyway in this case.

 

Opinion: It will only support from her false cases that you are bad and she is good.It will act as only a Testimonial if you win.No maintneance also afterward's if she not join's you.

But NO RCR or court order can force any body to live with each other.

 

6)Will it be a right decision to file for non consumation of marriage with mutual consent as it is not possible to bring her back since my in laws are very cruel.

 

Opinion: Why you will mention non consummation in MCD.It's not a correct way to file MCD.Just write you both are not compatable and issues are increasing day by day,so we want to get divorce decree without any force or fraud.All doubts related to present and future alimony or any thing been written in MOU.

Thanks in advance. Waiting for your revert eagerly. Kindly revert soon.
 

Dear sir

Thanks a lot sir for your precious time and advice but still some questions are their n my mind. They are:-

1)What does RCR mean?

2) Is their any waiting time for MCD after marriage?

3) What is the TAT for MCD?

1)What does RCR mean?

 

Opinion: Restitution of conjugal rights mean's those spouse who is not fullfilling his/her conjugal duties and responsibilities under marital home should be asked for clarification without any doubt's with the help of court.

It's only a medium to make other spouse to know that you are asking him/her to rejoin his marital home and perform his conjugal duties and responsibilities.

But it's not granted and forced that respondent/other spouse must join him/her.

For more detail's-Google on RCR/Sec-9

 

2) Is their any waiting time for MCD after marriage?

 

Opinion: For exceptional hardship beyond any doubt there is no time frame,but in normal situation marriage has to cross minimum 1 year.

 

3) What is the TAT for MCD?

 

Opinion: Never ask query in abbreviations or shortcut's/shorform's.

Here what i will assume TAT?

Time after Time

Time after Token

or Tom and Tina

 

anyway;s MCD is completed within 6-7 month's of time after first motion.You will get decree after second motion when you and your wife will appear infront of the judge and request for the same.

Highly thankful to you sir. Thanks for your support.

My pleasure....!!!

 

Best of luck ahead.

My dear Gogo..........

 

Any marriage law or act doesn't accept the marriage as valid marriage untill or unless it is not consummed.It depend's on the petitioner to make his/her marriage void/voidable/nulled/annuled according to the fact and circumstances along with undoubtful evidences.But at every section's the prime argument will be on Non-consumation of marriage,as why it has not consummated?

 

So,don't boil like an egg as boiling egg has no life after it is served on the plate.

 

Reff: Read the verdict of SC on non-consummation of marriage,you will come to know all your doubt's.

 

Naaaaa....

My dear Gogo.....Do your homework by your own,It's not gud to ask other to do your homework.

 

Type judgements on Non-consummation of marriage in India.

 

There are several sites,just google down, you can find lot's of judgement's.

 

Happy surfing...!!!

 

Last Reply

sir i have a query. My wife's family has filed sec25(3) under special marriage act for marriage to have null and void but i have every evidence in favour of me. So i am not worried for that. But if my inlaws go for mcd and my wife dont want to go for counselling and i want the counselling then what are the chances for counselling. Also plz confirm that is their any minimum time period for mcd and sec 25(3) to be filled?

on this basis their case has been admitted in the family court. they got next date of 26 sept 2013.
I have also filled section 9 for bringing my wife back. I got next date of 23 november 2013.
My wife's family has filed sec25(3) under special marriage act for marriage to have null and void but i have every evidence in favour of me.

gud.
ur in-laws has filed sec 25[3] and next date is 26th sept.'13.
u hv filed rcr-9 and nxt date is 23rd nov.'2013.

why not ask ur lawyer to plead the court to run the case simultaneously since both parties are same in both case.

besides what is the allegation/reason  in the suit filed by ur in-laws ? it is very important to knw for any ld. advisor of this forum before giving suggestion.

m under impression tht counselling is not mandatory in MCD.
 

Gd dy sir they have written in their petition that i have forged the documents of their daughter and her name, address and dob are forged bt it is not so. Since i have given pan card and voter id card as her documents for marriage. And it can be proved also that documents were not forged. Also they have written that i have taken the girl to registrar office in intoxic condition to her.