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johny (analyst)     04 February 2013

Non consummate marriage leads to divorce?? initiated by husb


Hi All,

I have few queries, my brothere is not happy with her wife, they know each other since 7 years (2005)

They studied together and it was love marriage but somehow they got married 2 years back but they never "CONSUMMATE MARRIAGE ". Lady is not willing to do and she is devotee of some guru maharaj, So she is not willing to do so, she believe in calibacy. And there are lot many household issues.

When I(younger brother) and my mother came to know that there are issue, otherwise my brothere was just accepting all this. Finally he does not want to stay with her, he want to get himself seprated from her.

We have registered the case in Pune civil court .

1. We have given the case to one of pune lawyer.

2. he had charged 60 K as fees now. IS it correct?

3. He is saying case is almost in our favor, case is filed on Jan 5th 2013 and it is registered on 17th Jan 2013. summon is not sent. May I know how much time it would take to closure of this case?

4. If respondent (lady family) does not accept the summon 2-3 time, what will happen?

5. Lady's family in Mumbai and lady is doing job outside India and My brother is also doing job outside India(both are in same country) but not staying together since 7-8 months. Both are outside India just 4.5 hrs journey from India . would it become any problem for getting this case successful?

6. Before initating this case we had discussed this issue with their family, we have spent almost 1 year to explain their family that there are some issue between them, but I really dont understand they never argued us but they din't respond us just ignoring (simple) nothing.

7. Finally in Nov 12 , we have visited Lady's house and asked them, it would be good if you guys support us so that on the basis of mutual consent it would be easy and they both will get divorce easily, as per them, nobody in their family had divorce ever, I said it is not genetic ( like diabetes) if papa had so daughter/ son would have, it is simple couple are not getting adjusted with each other. but they keep arguing the same that their family never had divorce.

8. How strong our case is? Lady's family want to fight for denial of divorce(dont want divorce). Hence it is contested divorce, what is the chance to get win from contested divorce or keep going :(

9. Lady just want to stay with my brother, they dont sleep with each other .... Lady does not help him in cooking and household things... she is devotee of some baba (will not take name here).....keep listening/chanting bhajans....she does not eat paneer, curd (milk product) and also ask to my brother to not take...they dont have physical relationship at all. visit n number of place in India outside India like traveller not like honeymoon couples.. our family would like to get rid from her..

Please sugegst, are we going with correct approach...Summon status is showing Awating till 1st feb and now Notice unready... ???


Kindly provide your input on this !!! Please Help/support/Guide.... if we can add it to accelerate this procee.


unfeigned Regards,




 16 Replies

Shantanu Wavhal (Worker)     04 February 2013

which case have u filed ?

on which ground ?


Dear Aurthor,

There are few queries in my mind which I want to confirm from u. U can contact me at 9871158578

siranjeet (JE)     04 February 2013

divorce can be filed u/s 13 HMA on ground of cruelty / mental cruelty 

Sanjeev (Lawyer)     04 February 2013

Divorce is not that easy unless its a Mutual consent whatever your lawyer may say and whatever may be the facts. It takes proofs to prove in court and the court procedures takes time.


It may take 5-6 years still no guarantee of getting divorce as the orders of lower courts are appealable in HC and then SC so unless the wife agrees it is a long fight. Irrespective of what your lawyer says or anyone here there is no shortcut so wait and see how the other side responds to the case once they get the summons and dont expect any fast results.

Javed (CA)     04 February 2013

If marriage registered under Hindu Marriage act then non consummation due to partial impotance is a valid ground.Only the person has to undergo medical test but partial impotance can be with specific person so one can get easy divorce on this ground.

If the marriage is not registered then there are multiple grounds to fight to make the marriage void even if she has proof of marriage photos or videos or witness.Yes ceremonial marriage is valid marriage in India but if the man can give multiple grounds to make marriage void like threat or fraud.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 February 2013


1. Can't say how much time it would take but atleast 2-3 years.


2. If the lady does not accept summons, 2-3 times the court would go in publication in a newspaper being circulated in the locality - following which the court would proceed ex-parte. 


3. Can't say how strong unless we know the complete facts. Normally very few cases end up in a contested divorce, parties lose their patience and get down to a settlement and go in for a mutual consent. 



Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 February 2013

Non Consummation owing to impotency is a groud for annullment, refusal to establish relations - is a ground for divorce as it causes great mental cruelty. Marriage without s*x is anathema the courts have repeatedly held as it metes out exceptional hardship. 

siranjeet (JE)     05 February 2013

i agree with  Respected advo bharat chugh except one point on tthe basis of impotency only wife can file the case of voidable marriage/annulment u/s 11 HMA for marriage but not the man but here is case where man wants divorce and not the wife

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 February 2013

I disagree with Siranjeet. The statute makes no exception and is gender neutral - either of the spouse can seek anullment. 

siranjeet (JE)     05 February 2013

sir u want to say that man can file annulment of marriage u/s 12 HMA on the basis of impotency but on this issue i disagree with u

please tell any citation where it is written

johny (analyst)     06 February 2013

First of all,


thanks for responding on my post, Please let me know when I can call you??




johny (analyst)     06 February 2013

Originally posted by : RAKHI BUDHIRAJA

Dear Aurthor,

There are few queries in my mind which I want to confirm from u. U can contact me at 9871158578

First of all thanks for your response.

Kindly let me know when can I call you??




johny (analyst)     09 February 2013

Originally posted by : Amit---------------

which case have u filed ?

on which ground ?


case is filed under section 

u/S 13(1)(ia)

johny (analyst)     09 February 2013

Originally posted by : siranjeet

divorce can be filed u/s 13 HMA on ground of cruelty / mental cruelty 

Divorce is filed under section 

u/S 13(1)(ia)

Respondent on the grounds of cruelty and harassment

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