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Vivek (manager)     17 September 2013

Regarding marriage consummation

Hi All,

Does Oral S*x amounts to Consummation of marriage in Indian scenario.



 11 Replies

Tajobsindia (Senior Partner )     17 September 2013

1. No.

2. 'Consummation of marriage' is generally considered to have happened when a married couple has s*xual 'intercourse' of 'penetrative nature'. It consists in the penetration by the male genital organ into the female genital organ. Full and complete penetration is an essential ingredient of ordinary and complete intercourse. Partial, imperfect or transient intercourse is not considered ‘Consummation’ as per Law.

3. However any type of 's*xual activity' other than 'regular intercourse' is excluded; anal s*x, masturbation, oral s*x or blow job would not be considered s*xual intercourse for the purpose of 'marriage consummation' as per Law.

4.  Also note two bars; 'consummation of marriage' also means 'full and normal s*xual intercourse' between married persons AND the 'degree of s*xual satisfaction' obtained by the parties is irrelevant.

5. Consummation may be proved by medical evidence.

Observation:-
When asking legal question of such nature in a Legal Portal Forum re-phrase "Indian scenario" with "India Law". Reason: ‘Indian scenarios’ says ‘on very first night’ marriage should be consummated by couples along with 'anxious news of'rupture a bride’s hymen', whereas ‘India Law’ has to say only above paras on ‘consummation of marriage’.

Dr J C Vashista (Lawyer)     17 September 2013

Well explained, I agree with Tajobsindia.


(Guest)

Will s*xual dissatisfaction is consider as mental cruelty?

I m asking this because in my wifes divorce petition in one of the paras she has mentioned that she underwent mental agony coz i could not s*xually satisfy her

Note :we have 1 son too.

 

Thanks

Vivek (manager)     17 September 2013

Thanks Tajobs.

 

One question out of ur reply.

5. Consummation may be proved by medical evidence.

How can one prove consummation or non consummation years after separation. Hw can that be possible?

Tajobsindia (Senior Partner )     17 September 2013

1.    By first allegations such and such (if consumation is your claim) and then subjecting her to 'medical examination' be it after years of separation the tell tale signature still visibly remains.

2.     By calling 'subject experts' as witness to depose on your behalf.

3.    Now if she is alleging non-consummation of marriage then it is seen with a Bar that is due to husband’s impotency and for the same you should volunteer for potency tests and that is where your first query ‘oral s*x vis-a-vis marriage consummation’ raises generic doubts as to full facts of the brief which I feel is your private matter and should be discussed in Chamber of a Advocate.

4.     Now medical science is so advanced that the ‘digit test’ being banned as per Hon’ble SC other scientific tests proves consummation – non consummation theories to pin point accuracy.

5.    Hire via reference an seasoned Advocate he is supposed to help with cause title.

[Last reply]

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 September 2013

nothing left to add,  well advised by Taj

D Seikhar G (self)     17 September 2013

Adding on with Vivek's querry

5. Consummation may be proved by medical evidence but how if consummation has not occured and bride was not virgin before marriage?

Dear expert's, how could a medical examination may proov that the hymen which was broken is broken by non other than her husband only? If a marriage been not consumated and bride is telling that it has been consumated but the orginal rupturing of her hymen was not from her husband then in that case how can husband proove that a marriage is never consumated ?

Expert's please throw some light on this topic.


 

gd dy (gd dy)     17 September 2013

@ D Seikhar G

raise nice doubt. only medico perssonel can put some light on it.
with poor knowledge, i suggest to opt for DNA test.

STUDENT.... (.......)     17 September 2013

Hymen Can broke without having an s*xual intercourse as well. 

 

It is a popular myth that’ hymen can only be broken through first s*xual intercourse, which can be more or less painful. However, hymen also breaks during sporting activities like cycling, running, skipping, e.t.c and also during mast********. Once they reach puberty, the hymen tends to become quite elastic.

Sexual Intercourse is  the most common way to break the hymen , although statistics show that only 43% of women have bleeding during the first intercourse.This means that in the other 57% of women ‘s hymen is  elastic enough to stretch and do not cause any pain or loss of blood during intercourse.

 

https://www.healthdoes.com/hymen-location-broken-hymen/

 

 

DNA Test cannot prove the virgi****.

T. Kalaiselvan, Advocate (Advocate)     18 September 2013

In general terms the matter of a female having had a thorough s*xual intercourse with a male in its proper sense can be proved medically and on this,  if the female happens to be a married woman, it is regarded that her marriage has been consummated, however this test cannot be applied to prove the husband's claim that the marriage was not at all consummated in case the female had a proper s*xual intercourse with someone before her marriage, therefore in such cases the onus to prove the claim will lie on the person staking it, medical jurisprudence will not come to his help.

Vivek (manager)     18 September 2013

Great escape to woman.


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