1. If two major age (18 years for female and 21 years for male) opposite s*x persons marry each other under their Personal Laws customs and traditions then the marriage is legal marriage in eyes of Law.
2. It was only since 2006 Hon’ble SC laid guidelines for State to follow in terms of compulsory Registration of all Marriage was given. If spouses Register their marriage late then a small penalty (in terms of late fees) is there by few States and is not binding in other states (late fees I mean). That (late fees) you check locally.
3. Here in facts before us the queriest says he is married which means he is not disputing his marriage. Then he says the marriage remained non-consummated. Further he challenges his own legal marriage saying it is not registered so he is eligible to shoot a termination letter to his wife and re-marry! I mean Sir, too late, only due to non-consumation ground of your marriage you have remedy available in Law.
4. In reference to your last question on rights and liabilities, I would say the moment there is no denial of marriage by parties and non-consummation is not denied the meter of all rights and liabilities starts running as allegations-counter allegations and with witness / evidences a non-consumated marriage can be anulled.
Above being stark reality, now I am aware you have come here seeking some remedy. So basic harmonious remedy is always there;
A. Like gentlemen sit with her during one of these weekdays and tell her as "a friend" more than as a husband; I am really sorry to bring this across table, but I have realized I have lost charm in our marriage and I think I cannot pull along honestly here for long innings. You have no shortcomings. I have already consulted Lawyer and they suggest to holistically part–away.
B. Afterwards tell her, I now honestly offer to you part of my liver as full and final settlement to a Mutual Consent Divorce Decree, hence please think about our future and give us gift of our freedom instead of we living a life of disharmony for us and for everyone associated with us thy name our social marriage. And can we come to some mid-way point on this proposal by weekend?
C. Then tell her, under non-conusmation of a marriage grounds faced by couples we can seek anullment Decree or under exceptional hardships ground we can even approach for Mutual Consent Divorce Decree and we can offcourse remain ‘just’ friends afterwards. Also tell her, you know I discussed non-consumation part with your parents and with my parents / friends so they will vouch for it coming voluntarily to witness box to give evidences when such need arise !
So now what is your next question going to be (if any) .....?
