• Non-consummation of marriage

Hello..i m 34 yr...doctor by profession..working in a renowed hospital at dwarka delhi...
I got married on 4th may..at shahapur thane..after marriage we had our reception on 5 th..of may at khandwa mp...
My wife refuse to have sex with me..she does not allow me to touch her...n neither she take initiative.....
She is keep chating..on phone..n talk on phone for long hours...
We went for honeymoon at bali..but for 7 days she refused to make any physical contact...n does not even allow to kiss even..i came on 15 may ..n informed her parents...they came on from 16 night we r not staying together...they dont give any reason...n always tell she wants time but she has nit returned since then..
We had our family meeting and both party decided to get sepearted...but i want to know..how come my marriage is valid n wht r my options..
I have even tried callung her but she always provokd me..for some or the other reason..
Even her distant family member know she keep talking on phone.
Wht r my best options...
I have never assaulted or tried to force myself on her.. but she gives wrong information to her parents tht i use torture her....but her jiyaji n bhabhi r in my favour
Wht should i do...she has given a huge mental trauma to me n my family..
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Non consummation of marriage is a good ground for filing a divorce petition in the court of law, your marriage is a valid marriage since it has been done as per the provisions of the Hindu marriage Act and therefore you will be considered married for all purposes.

Since as of now she has not filed any case against you, you can talk to her and convince her for filing a mutual divorce petition else as said above you can file a divorce petition.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

File for annulment of marriage on grounds of impotency of wife

2)if your wife does not contest you would get decree within two years

3) if your wife contests you have long legal battle ahead

4) it is difficult to prove impotency

5) in the alternative file for divorce on grounds of mental cruelty one part of one year of marriage

6) refusal to have Sex amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

1) if wife refuses to agree for mutual consent divorce then file for divorce on grounds of mental cruelty on expiry of one year of marriage

2) refusal to have sex amounts to mental cruelty

3) contact a detective agency and get information on her call details

4) you can file for anullment on grounds of impotency of wife . However merely because she may not want to have sex with you does not mean she is impotent

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

There has to be some law is no way out sir. This is how it is, as per hindu marriage act you cant file a divorce. Efore one year of marriage and also if the marriage has been performed as per hindu rites and rituals then it is a valid marriage, non cohabitation shall not result into nullity.

And if she does not agree for mutual one you can file a petition under 13b of the act.

And SIR this is how it is, i know the situation you are going through but you or any otherlawyer can not help this. As if now you can enter into an agreement also with her to live separately.

There is one other option you can take permission from the high court to file divorce if there is grave urgency, but usually HC does not give permission for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

you should file a petition for nullity of marriage under section 12 of the hindu marriage act. either she has any affair or she is legally unfit for sexual intercourse. if wife does not permit to have sex or she is very much reluctant about sex then it is called legal impotency. and it is a ground to render the marriage null under section 12.

this petition can be filed within one year of marriage. when marriage declared null and void then you no longer be liable for maintenance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

there is diffrence between medical and impotency. it may be possible that she is medically fit for sex but if she refuses to have sex for any reason then it is called legal impotency. sexual intercourse it necessary for begot a child and it is essential part of marriage. if you can prove that from the onset of marriage no sexual intercourse has committed then court itself presumed that party to the marriage is impotent. if you file such suit then it is presumed in your favour i.e. wife is impotent.

you should file petition within 1 year from the date of marriage.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

have even tried callung her but she always provokd me..for some or the other reason..

Even her distant family member know she keep talking on phone.

Wht r my best options...

I have never assaulted or tried to force myself on her.. but she gives wrong information to her parents tht i use torture her....but her jiyaji n bhabhi r in my favour

Wht should i do...she has given a huge mental trauma to me n my family..

If she is refusing to consummate the marriage or cohabitation or conjugal relationship and if your marriage has not been consummated till this date, then you may file a petition seeking annulment of your marriage for the reason that your marriage has not been consummated due to her refusal to have sexual relationship and abstinence from sexual intercourse without reasonable cause.''

Spouses owe rights and duties to each other and in their relationship they must act reasonably."

Spouses owe rights and duties to each other begetting children which is a principal aim of Hindu marriage.

In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply consummation, is the first (or first officially credited) act of sexual intercourse between two people, either following their marriage to each other or after a prolonged romantic attraction.

Thus since she deprived the rights, this can be a good reason for filing a petition seeking to annul the marriage on the grounds of non-consummation of marriage due to her impotency.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

1. Wht if she refuse to come and agrees on mutual divorce..but wht kind of marriage is this ...its not consummed n legally speaking its void..i should get nullity of marriage..its difficult to prove..i know..

But being a doctor i know i can get her medically tested...n can i file a petition for same..

Mutual consent divorce cannot be filed within one year from the date of marriage.

You can file an annulment petition alone at this stage, you do not have to prove that there was no sexusla relatihnship nbetween you or the marriage was not consummated, let she come to the court and defend herself from the allegations leveled against her.

2. She keep chating n talks on phone...can i ask the honourable court to get her phone call list n chat details.

No, that is not your case, you better concentrate in your own case and cause of action.

Dont get deviated on such irrelevant subjects.

3. How early can i file for divorce..since its only 2 months since m married ...

I have indirect proof in form of whts up mess n phone call recordings for same tht my marriage has not been consummed.

Can i fight for nullity of marriage..

You have to file a petition under section 12 of the HMA seeking to nullify the marriage by a decree of nullity on the grounds that the marriage has not been consummated owing to her refusal to have sexual interscourse with you due to her impotency

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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