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Bangalore Man (CEO)     09 July 2012

Unconsummatted marraige

I have a marraige unconsummated due to wifes complete reluctance to have s*x. She had an earlier marraige which I have now learnt was annuled fr the same reason though she went to Court alleging cruelty which she was able to prove. 

She is also suicide prone which is worrying. Despite several attempts to get her pscyiatric treatment, she refuses to take treatment or counselling

Can I get a divorce, what are the grounds? 



 4 Replies

Adv. Chandrasekhar (Advocate)     09 July 2012

If you want annulment of marriage, you can raise the ground of non-consumation of marriage.  If you want divorce, use her psychiartic disorder and non-consumation of marriage, which amount to cruelty as ground.

Bangalore Man (CEO)     09 July 2012

What is the difference between annulment and divorce? 

She also opposed to marrying me tooth and nail and was forced by her parents, not known to us at that time. 

Tajobsindia (Senior Partner )     09 July 2012

@ Author,


In this legal portal site a large number of newly married Indian couples come and remain ignorant of s*xual matters for a long period of time. Many of them continue to have an outwardly married life but their s*xual practice remains non-consummated and thus they seek remedy out of the natures mess they are facing.


Assuming this is an enquiry from a Hindu Husband then the 'ground' under which you may apply are S. 12 (1) (a)
HMA i.e. ;


S. 12
of Hindu Marriage Act, 1955 deals with Voidable Marriages-

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or


In simple wordings two things you have to prove to cake walk out of this marriage;

1. Non consummation of marriage OWNING TO
2. Impotency of your wife.

She will subjected to medical tests by Court and cross your heart when that happens and afterwards probably the case is all yours provided the marriage is not less than 1 year old.


Now invest time into following;

1. Consult in your locality with an Advocate.
2. Search this forum with keywords and read down related posts.
3. Get her divorce Judgment copy and discuss with an Advocate lot of insight he will get into your wife :-)


Observation:


1. She may be a case of genophobia.


Differences between annulment and divorce.


Annulment:
This means that the marriage has not happened at all. The marriage is declared void if the marriage has happened due to non-consumption of marriage, fraud, force, concealment of the facts or the couple are in the prohibited degree of relationship. In such separation, generally the alimony or maintenance is not given. The persons would regain the unmarried status.


Divorce
: Divorce is the dissolution of the marriage by both the parties on the basis of cruelty, desertion, adultery etc. Here the alimony as well as maintenance comes into force, if one of the spouse wants. The status after divorce is divorcee for the person

Guest (Guest)     09 July 2012

Nothing more to add to the opinion of Ld.experts.


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