Best option is to file for divorce by mutual consent .it takes maximum 6 months 

2) in alternative your brother can file for divorce on grounds of mental cruelty 

3) wife refusing to have sex amounts to mental cruelty 

4) if wife was forced to margay against her wishes she could have filed for anullment of marriage on grounds that she was forced to marry against her wishes 

He can file a contested divorce case on the grounds of cruelty.

Refusal to cohabit or relationship is also a ground for cruelty.

He can very well plead that she was forced by her parents into this marriage against her willingness, she is not cooperating with him for a happy married life and refuses to offer conjugal relationship and due to this their marriage was not consummated.

Thus he suffered mental agony and was to a state of depression hence he has filed the divorce case on the grounds of mental cruelty.

You can suggest him accordingly.

Hi,

You can issue legal notice to your brother's wife and their parents for amicable and mutual divorce petition. If she agrees then MOU / Settlement Agreement can be drawn and executed and based on that Divorce petition can be filed.

Regards,

Niteish Agarwal 

Dear Client,

In the case you have described, the wife's rejection to consummate her marriage and her statement that she was married against her will by her parents can be grounds for an annulment. According to Section 12(1)(a) of the Hindu Marriage Act, 1955, a marriage is annulled when it has not been consummated with the intention or willful refusal of the other spouse. Moreover, if she had a marriage sullenly induced against her will, that too might be a ground for annulment under Section 12(1)(c) because of a lack of free consent.

To get this marriage annulled, your brother has to file a petition in the family court and present proof that it hasn't been consummated with her and has no intention of fulfilling marital duties. Whatever be the case, her parents' silence is immaterial to the case, since the case involves only the couple. The court will study circumstances and determine if the marriage can be declared voidable. Since this marriage isn't consummated, there's more chances of a successful annulment petition.

Thank you.Hope this answers your query.

Dear Sir,

Annulment normally will have to be filed within one year of Marriage. Anyhow such ground can be taken and also the ground of non consummation of marriage, desertion and cruelty grounds maybe taken to get divorce without alimony.

Annulment is possible only within one year of marriage. Both can go for mutual consent divorce, it will take one year to 18 months to obtain such a decree.

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- Since, the marriage is not consummated then your brother can file a petition before the family court for declaring the marriage as null and void. 

-  However , the petition for annulment should be presented within one year after the marriage .