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Amitava Chakraborty   27 March 2018

Nullity of marriage

Respected Sir/Madam,
I have been married for 1 year 4 months. Before marriage, my wife said that since it is an arranged marriage, she needs one year to be intimate in bed and because of her family's conservative nature, I agreed to her childish proposal. But after few months of marriage things changed as I found that she is very adament in her words and not at all willing to go for an intercourse. We had foreplay but that didn't lead to the next steps as she was extremely unwilling. After 6 months, I presurrised her to visit a Gyno/psychiatrist but she resisted as she is in medical field and did not want her problems to be revealed. My family slowly came to know our problem and there was a lot of commotion between the two families, following which my wife started to stay separately in her home. I presurrised her to visit a Gyno if she wanted to come back home and lead a healthy life with me. Later, she visited a Gyno with her sister but did not allow the doc to investigate her internal organs, as mentioned clearly in the prescripttion. My curiosity further multiplied and I tried my best to investigate myself with help from google that my wife is suffering from a rare hymenal disfunction, called microperforate hymen, where the hymen is formed outside with a pin like opening, making intercourse impossible. She later went to a doc, who clarified the same as her congenital disorder. Now, my wife and her family members are denying their knowledge about her disease and they want her to do a hymenectomy operation. But as per my understanding, apart from physiological, she has some psychological or hormonal disorders as well. She is suffering from very less to no libido, otherwise she should'nt have resisted so much to go to a doc and lead a normal life beforehand. Hence, I am not confident about this operation and I might fall in a disaster later as it will be difficult to prove nullity after she operates. On the otherhand, I do not have any documents of doc visits as she used to visit all docs with her sister. She is threatening me to go to a contest if I suit a case of nullity on our marriage. Please help.


 5 Replies

Vijay Raj Mahajan (Advocate)     27 March 2018

You don't have a case for nullity of marriage on the ground of non-consumation of marriage due to the impotancy of the respondent wife. The disorder in her can be ractified through operation as has been medically advised and her leading normal s*xual life after that can not be ruled out.

Better workout the marriage in an amicable manner.

Amitava Chakraborty   27 March 2018

@Ramesh Sir..We cannot practice in bed owing to a physiological problem of my wife, called microperforate hymen. But my question is if the urge of s*x is absent in her, then even if I do the operation, the outcome will be zero. Infact in normal females, if after marriage, s*x is not happening, they would rush to doctors for help if the urge is there. But this is not her case. Also, after doing the hymenectomy, in several cases, the doc discovers some nonrectifiable problems called vaginismus. This is only possible after doing a trans v**ginal usg after removing the hymen. Now at this juncture is it possible to prove in court that we had no s*x since our marriage owing to her impotence ...and thats why this marriage could be annulled..

Amitava Chakraborty   27 March 2018

@Kamakshi ma'am...I did not take a penny from my wife before marriage as I have everything by God's grace. One more thing is that my wife, who is also financially very very established, is not in favour of taking a lumpsum amount as alimony and granting me mutual divorce as well. Rather, she has taken it on her ego and she is ready to go to contest if I file a case. Somehow, she is not in a position to go ahead and lead life with another partner since she is also not sure that the operation will rectify all her problems. Now its a hit and trial method. It may or may not be successful and I am sceptical how far she would cooperate following her previous instincts of not going to docs. Now will it be possible for both the families to sit and sign up on a deed with court paper that we will proceed only on one condition that she has to cooperate untill she is fully fit and even after that, if she is not able to take active participation in the act, then she would move out of the relationship. Is it possible, madam??

Amitava Chakraborty   27 March 2018

@Ramesh Sir..I am 31 and she is around 27..

Amitava Chakraborty   27 March 2018

Sorry ma'am for disturbing you with the same question....but am in huge dilema..anyway lets see where my destiny takes me...and thanks for your advice

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