Civil Procedure Code (CPC)

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Simp (Engineer)     25 June 2009

Nullity of marriage on proving virginity?

In DV case wife ask for nullity on the ground that they had no s*x during the one month they lived together after marriage. She also claims that her hymen is intact and the same she is supposed to say in court. Husband is not impotent. He also claims that they had s*x but only a few times.

So, In court what are the options available for wife to prove her virginity?

Is there any legally valid medical test to prove virginity?

will a medical certificate stating her hymen is intact be taken in court as a proof of not having s*x?

Both are NOT impotent. But they had no s*x when they lived together one month after marriage. Can wife get nullity/divorce on this ground?

Husband is ready for s*x if she come back. But wife not willing to come back saying husband is not capable for s*x stating he never even tried for s*x during the one month life.

Is there any chance for wife to get nullity/divorce on the above mentioned grounds? What will be approach from court in this case  if counselling fails?
 



 21 Replies

Adv. Deepak (Advocate)     25 June 2009

There are medical tests which are capable of finding whether the man is impotent or not.  Wife can very well file the petition for divorce on the ground of nullity.  Wife can file an application before the court requesting the court to issue directions to the husband go undergo impotency test.  The test will reveal the truth.  Also, in some cases, husband is impotent with respect to one woman, however, he may not be impotent in case of other woman.  This is a relative impotency.  Hence, wife can avail this ground that even if the impotency test is not in her favour, husband is relatively impotent.

1 Like

Sanish (Business)     25 June 2009

Can Relative impotency / Mental impotency be proved or taken as a factor in a marriage in which husband and wife lived together only ONE month? Wife filed for DV three months after marriage and agreed in court that they lived together only one month. She is not willing to rejoin. what she has put in DV petition is that "husband did not try/attempt for physical/mental relationship as husband and wife. So, she fears that husband in not physically and mentally fit for married life." So, can she get divorce/annulment based on this grounds? what will be the possibilities in court?

Adv. Deepak (Advocate)     26 June 2009

Relative impotency is a good ground for annulment or divorce.  Though wife and husband lived together only for a month, there is no attempt on the part of husband to consummate the marriage.  This point is in favour of wife.  However, if she plainly refuses to rejoin only under fear that she suspects the husband to be medically unfit for marriage, she will not succeed.  Because, if the husband produces on record the medical reports that he is fit to consummate the marriage, then in that case there will not be any ground for the wife to refuse cohabitation.  So she should take the stand that husband is relatively impotent that is to say that he is impotent for her.  He may prove not to be impotent for any other woman, but that doesn't matter.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 June 2009

Mr. Deepak is absolutely right.

1 Like

Sanish (Business)     29 June 2009

Originally posted by :Adv. Deepak
" Relative impotency is a good ground for annulment or divorce.  Though wife and husband lived together only for a month, there is no attempt on the part of husband to consummate the marriage.  This point is in favour of wife.  However, if she plainly refuses to rejoin only under fear that she suspects the husband to be medically unfit for marriage, she will not succeed.  Because, if the husband produces on record the medical reports that he is fit to consummate the marriage, then in that case there will not be any ground for the wife to refuse cohabitation.  So she should take the stand that husband is relatively impotent that is to say that he is impotent for her.  He may prove not to be impotent for any other woman, but that doesn't matter. "


 

Here the husband is not impotent and ready for any medical test and also claims that he had s*x with her denying her no s*x allegation. So, if husband him self proves he is not impotent by medical test and also expresses his willingness to have more s*x if she comes back and he has no allegations about her potency, then is there any possibility of giving annulment? Can she allege relative impotency considering the fact that they lived together only one month? Is it enough to allege relative impotency? Can husband ask her to live with him some more time if her allegation is relative impotency? As most of  relative impotency is curable and they has never consulted a doctor on any s*x issues, is it her responsibility to try for medical treatment if any? plz help

Manav Almadi (Self Employed)     30 July 2011

My marriage did not consumate. we've been married for 4 months but lived together only for 1 week. there has been no s*x involved. after few days wife started saying that she cant deal anymore, relationship going nowhere.

can i file for annulment of marriage. if so what grounds shud i file it for. is my wife entitled for any compensation ?

please advice.

Sreenath (Engineer)     01 January 2012

I am married in June, 2011. I am also facing with similar issue. My wife stayed for 30 days. And We didn't have intercourse as she told me that she is not interested in marriage and me in particular. She threatened me to file rape against me if I tried to force her. She banged her head on walls and cried. Thinking that she will change with time I didn't proceed.

After one month, when she went to her home, she made false statements that I am impotent and harassed her. She and her parents are seeking divorce based on these grounds for not having intercourse for one month and demanding money from us. Her parents are feeling I cheated them by marrying being impotent and planning to file 498a case against me.

My parents believed her and took me for medical tests. Medical tests proved I am fit. I am ready to have as much s*x as she wants if she comes back. She is not coming back and making false statements on me.

I believe by now your case has been solved. Can you please let me know the outcome of this so that I can prepare accordingly. Thanks a lot !!

 

dipender kumar (advocate)     01 January 2012

Dear Srinath,

If she being impotent or if you being impotent, the marriage is not consumated and the act of non-consumation cannot be treated as "subjecting the wife to cruelty" and so, section 498-A cannot be attracted.  They may put some other allegations instead of non-consumation for filing S. 498-A case against you.

you talk to your in-laws and explain them that the problem is with their daughter .  If they will accept, the marriage can be annuled under Section 12 of the HMA or mutual consent divorce can be taken under section 13 B of HMA.  If they do not accept for this, then you have to file a petition under Section 12 of HMA for annulment of marriage.  If they file false S. 498-A case, contest it.

Dipender Kumar, Advocate

dkarvind17@gmail.com 

2 Like

SHAILENDRA SRIVASTAVA (MANAGING PARTNER)     01 January 2012

WIFE CAN ASK FOR NULLITY OF MARRIAGE ON THE GROUND THAT INTERCOURSE HAS NOT BEEN DONE OR MARRIAGE HAS NOT BEEN CONSUMMATED BUT IF INTENTIONALLY WIFE STOPPED THE HUSBAND FOR INTERCOURSE SO THERE WILL BE NO GROUND OF NULLITY OF MARRIAGE ON THE GROUND THAT MARRIAGE HAS NOT BEEN CONSUMMATED.IF WIFE IS SEEKING NULLITY OF MARRIAGE ON THE GROUND OF VIRGINITY SHE HAS TO PROVE THROUGH MEDICAL TESTS WHICH CAN BE DONE IN MEDICAL SCIENCE.

2 Like

Sreenath (Engineer)     01 January 2012

I heard that one year is the minimum time to apply for divorce. What is the minimum time to apply to nullify marriage?

My in-laws are blindly listening to my wife and they too are supporting her to divide from me and not at all co-operating and they are expecting money from us. She is claiming that I am the culprit for not involving in intercourse which is false. How can I prove who is the reason for it.

I am sure she can't prove me impotent. I don't know if she is impotent.

I have few audio recordings telling that 
"she wanted divorce because we didn't have similar thoughts",
"she will commit suicide but never comes back to me"
and using bad words on me.
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

There is no time limit for nullity of marriage.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

Sreenath (Engineer)     08 January 2012

If husband files for nullity of marriage as it has not consummated.
If both wife and husband accept in the court that their marriage has not consummated.
Wife says husband is the reason for it and husband says wife is the reason for it.
Ofcourse its difficult to prove who stopped it inside the room.
By words in court will wife get benefit over husband and can claim loss from husband?
 

Sreenath (Engineer)     12 January 2012

Need advice urgently.

On 14th Jan, my in-laws called me and my parents to attend mediation before our caste community. She is making false allegations that I am impotent and used to harass her. She stayed just for one month with me and left almost 5 months ago. I am willing to get her back if she is likes to come back. I am preferring to nullify the marriage rather than divorce if she doens't like to come back.

We said we will attend only if her claim is given in writing so as to safeguard ourselves.
Please help me in listing all the relevant items in the writing.



(I am every day haunted in dreams that my country's law is biased on gender(female/male) rather on than truth(good/bad)).

rajiv_lodha (zz)     12 January 2012

On 14th Jan...........its 12th Jan 2012 today......u mean to say, 1yr ago?

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