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balaji   27 January 2015

Non consummated marriage

Hi All,

i got married on around 1.5 years wife didnt allowed to have s** on first night.after many meetings between my families we had after 6 months of marriage

she allowed to have s** few times after she tell the stories

i need some suggestions like if i apply divorce how could i prove that we didnt have s** in the past 10 months.please help


 9 Replies

Sandeep Naik (Advocate)     27 January 2015

That's so simple!

You will just have to aver that she did not allow you to have s*x.

Because, even if 7 days have been passed since you and wife had s*x then no medical exam can prove that you and wife had s*x unless she conceives.

And in the petition of divorce, you will have to aver that she did not allow you to have s*x, she will try to contest the petition on the ground that she did allow, but practically she cannot prove it.

balaji   28 January 2015

Thanks sandeep.

ANAMIKA VICHARE (LAWYER)     28 January 2015

First of all the marriage is consummated after her reFor further advice send direct email to my ID

or Face Book A/c Anamika Vicharefusal, so no case made out for divorce

balaji   28 January 2015

she refused to hav s** many times.i saw some judgement from SC like refusal to have s** is a ground for divorce then how cant i apply for divorce

Sandeep Naik (Advocate)     28 January 2015

Refusal to have s. e. x. is also a kind of cruelty and is covered under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

If any one of the married couple wishes to untie the knot and proceeds to file petition of divorce, then he/she can aver in the petition of divorce that his/her spouse unreasonably refused to have s. e. x.
 as one of the grounds for dissolving the marriage.

Mr. Balaji in his query asked that how can he prove that his wife refused him to have s. e. x. many times, then answer is that, if she has not conceived since 10 months then she can never prove that she did allow her husband Mr. Balaji to have s. e. x. And Mr. Balaji can easily take this refusal to have s. e. x. as one of grounds for taking divorce from his wife, as refusal to have s. e. x. is also a kind of cruelty.

Assuming that Mr. Balaji is potent, then in the proceedings of divorce it will be very easy for Mr. Balaji to prove his potency. But medically it is always very much difficult to prove impotency of a man!

Arisedfromslumber (doctor)     14 April 2015

@Sandeep Naik

Impotency of man can be easily proved by medical tests.

As a doctor i know very well about this.

Theres a test in which a ribbon is tied to the male part and as usual there shall be early morning erections if a man is potent. There will be stretching of that ribbon and breaks in it which can be observed under microscope. and also the harmonal tests can prove this

reunion2   15 April 2015

I read all the above valuable replies. Thanks to all.


Still I am not able to understand how to prove if wife didnt allowed to have s**. 


As Sandip Sir said that Refusal to have s. e. x. is also a kind of cruelty and is covered under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

But as a lay man how to prove?

kumarkumar (business)     15 April 2015

Arisefromslumber sir, whether penile doppler test results are accepted by the court as an evidence.

Arisedfromslumber (doctor)     18 April 2015

As far as i know the answer is NO. To make you understand in simple language, DOPPLER is the study of bloodsupply  to a particular organ. yes, the gush of blood to the male part accounts for the erection. BUT for that to happen..there should be visual/auditory signals from the eyes to the brain and in turn the brain sends the signals to the organ. so, in short the bloodsupply and also the nervous system are responsible for the erection. so DOPPLER shall find fault only with the former and is incomplete 

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