1) non consummation of marriage amounts to mental cruelty and is ground for divorce

2) wife can file for divorce on grounds of mental cruelty

3) if husband is impotent wife can file for annulment of marriage on said ground

4) wife has to prove allegations made of impotency

5) you can undergo potency test to prove you are not impotent

6) you cannot be forced to undergo potency test but adverse inference can be drawn if you fail to undergo potency tests

1. The cause of non-consummation of marriage is not necessarily due to the impotency of husband though it is the most common cause which is detectable.

2. Consummation is the integral part of marriage but for which the said marriage is liable to be annulled if it is proved that the cause of the said non-consummation is impotency of the husband.It is not a criminal offence at all.

3. The petitioner is required to submit evidence in support of the allegations she/he has leveled in her/his petition where submission of evidence is possible. When primary evidence is not available, secondary evidence can be submitted.

4. During the trail, the Judge can direct the husband to get potency test conducted by a specified Govt. Hospital if he denies the allegation that he is impotent. If he refuses to take the said test, it will be considered that the allegation is true and the annulment decree is likely to be passed.

1. If the wife refuses to consummate due to her running an affair out of her wedlock, then the husband should deny the allegation of his refusing to consummate for being impotent and put counter charge on the wife for non-consummation.

2. Yes, refusing to have physical relationship with husband after marriage is considered as cruelty. Medical test of wife can prove that there has been no physical relationship with the husband.

3. If husband refuses to undergo potency test, the allegation against him will be considered to be true and annulment order may be passed by the Court.

4. If husband passes in the potency test and non-consummation due to impotency is the only ground placed for seeking annulment of the marriage, then the said annulment petition will be dismissed by the Court.

Wife having extra marital affairs amounts to adultery and is ground for dissolution of marriage

2) husband should gather evidence about wife affairs and file for divorce

3) if husband clears potency tests then wife allegations that husband is impotent fails and her petition would be dismissed

Hello,

You cannot be forced to go through a medical test as has been held by the Hon'ble Ape Court, however denying the medical test can be used as an argument against you. Yes non- consummation can be the ground for divorce but it is certainly not a criminal offence, and yes you can produce all the evidence you want in your favour before the Court. However to answer the query more appropriately you will have to give me more specific details.

In case you want any legal help at any point of time you can contact me on +91 or you can write a mail to me at .

non consummation of marriage is a ground of divorce only.

it is not an offence punishable under any act.

impotency shall be decided by the court and in few case medical examination is necessary. only legal impotency is considered by the court, legal impotency means if husband is reluctant or not able to cohabit his wife but he can cohabit with another woman he shall be declared impotent.

if husband is declared potent then he can get divorce on the grond of cruelty because leveling false allegation amounts cruelty and it is a valid ground of divorce.

if wife being in love affair with another man this fact shall constitute a ground for divorce (unchaste) and in this case you'll not be liable to pay maintenance after divorce.

Mere allegation is not amount to divorce .It has to be proved through medical evidence. If the marriages is not consummated it would not be treat as a crime .Section 12(1)(a) of the Hindu Marriage Act provides that a marriage may be annulled by a decree of nullity on the ground that it was not consummated owing to the impotence.

The fact of impotence at the time of marriage continuing till date of petition provides a ground getting the marriage declared a nullity. There is no doubt that even the relative impotency can be a ground for dissolution of marriage at the option of the aggrieved spouse. However if it is a false allegation, the same amounts to cruelty by chager spouse on the charged spouse, and can serve as ground of divorce to spouse charged with such stigma.

A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the proceedings. In order to entitle the person to obtain a decree of nullity, as prayed for by him, he will have to establish that his spouse (wife or husband ), was impotent at the time of the marriage and continued to be so until the institution of the proceedings

Impotence is inability to consummate the marriage and to be a ground for nullity, such inability must exist at the time of marriage and continue to exist at the time of the institution of the suit. For this purpose sexual intercourse has been defined as ordinary and complete intercourse, not partial and imperfect intercourse. If so imperfect as scarcely to be natural, it is no intercourse at all, but recent cases suggest that modern surgery has introduced the need of further scrutiny. Though it has been held that full penetration without ejaculation on at least one occasion amounts to consummation, but more recently another judge decided that penetration for a short time. without any ejaculation, did not amount to consummation.

“Impotence” is the inability to have sexual relations. Couples that decide to get married are usually committed to sharing a lifetime of emotional and physical affection. For some couples, sexual relations may become impossible due to one spouse’s impotence.

Impotence, often called erectile dysfunction, is the inability to achieve or maintain an erection long enough to engage in sexual intercourse. A physical, psychological, or other medical condition that makes it impossible to have intercourse may constitute impotence and is grounds for divorce .

1. Mere non-consummation of marriage cannot be a reason for alleging impotency.

2. Non-consummating marriage is not a crime but that can be a reason for divorce.

3. It may not be possible for proving all the allegations, however they can be corroborated with other evidences.

4. The court cannot force a person to undergo medical examination if that person is not willing to do so, the court may decide against his wishes.

What if wife has love affairs, and that is the reason for non-consummation of marriage?

This has to be pleaded by the husband with evidence to support his defence.

Is this not regarded as mental cruelty, as it becomes almost impossible for the husband to prove? How should the husband handle such situation?

It depends on what substance the husband relies upon to prove his cause of action, it my be mental cruelty if he is not able to prove his allegations.

What adverse effects does he has to face if he denies medical test?

The case may be decided against him

And if husband undergoes medical test, if he turns out to be potent and healthy, will that have any negative effect on the allegations made by wife?

Yes, it would certainly have a negative impact and her case may also be dismissed for this reason.