Non consummate marriage leads to divorce?? initiated by husb

Originally posted by : Adv. Bharat Chugh
	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 Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

Dear Sir, 

Thanks for your response.

Case is filed under section  u/S 13(1)(ia).

I would like to know, why it is so tough to get divorce quickly?

Will Judge not be understanding the situation?

Lady family is just ignoring the situation. they are just sitting calm..

Is there any way to expediate this case? 

Kindly   help/ suggest!!

Thanks 

Johny.

The Petition u/s13(1) (ia) HMA,1955 on the ground of non-consummation of marriage due to refusal of the wife as such is no ground of divorce in the said provision nor this a ground of annulment under section 12(1) ((a) of the HMA,1955.

Firstly u/s 12 (1) (a) HMA, 1955 it is provided "that the marriage has not been consummated owing to the impotency of the respondent" which in the given case is the wife, the annulment can be allowed only if, both non-consummation of marriage as well due to impotency of the wife is proved if the petition is contested by the wife. Merely by stating the wife refused to consummate the marriage for certain religious reasons the purpose of the section as provided will not be served and annulment will not be allowed for the marriage. Without understanding the exact provisions of the Act of 1955 one should not give wrong recommendation to general public.

As far the provision under section 13 (1) (ia) HMA of 1955 is concerned the act of cruelty of the respondent by not consummating marriage or not allowing s*xual relationship without any genuine reason can be good ground of mental cruelty inflicted on the petitioner and court can allow the petition for divorce. Here even if the wife contest the petition of the husband, she need to give reason to why she has been refusing the normal matrimonial s*xual relationship with the husband throughout the matrimonial period. However if the wife files her defence in the case she will never admit that no matrimonial s*xual relationship took place between the parties or she refused for the same anytime during all these years, rather such charges are absolutely false, malicious and totally denied. So in such case the onus to prove with sufficient evidence charges of non-consummation of marriage due to the refusal of the wife or refusal for matrimonial s*xual relationship by the wife, will be very difficult for the husband to prove and get the marriage dissolved on this only ground of cruelty.