Marriage not consummated, both husband and wife agree!

Non consumation of marraige due to impotency is a ground for annulment not divorce in the first case, But to claim as a ground of divorce you can show that non consumation of marraige amounts to cruelty on you and same cruelty can be ground for divorce.

Nitish Banka

9891549997

nitish788@gmail.com

Hi Sir,

But both wife and husband agreed to this and mentioned this in their statements to police. Can a husband use these statements to deny any mainteance (filed by wife) as marriage never got consummated?

Thank you. 

1. For divorce on mental cruelties to husband it can very well be used.
2. But then what is decree of divorce in hand when sword of S. 498a on head for a husband? Wife eligible for re-marriage with State servicing her S. 498a IPC and husband still sightseeing Courts is it not so!.
3. Best is still to proceed on ending one chapter is my view let her re-marry or whatever with S. 498a IPC kept pending we will see later how better to use the decree of divorce in s. 498a IPC.
4. On maintenance she will claim till proceedings and after decree she cannot get a penny is Law in hand. So you can still proceed on seeking divorce based on statements admissible as evidence in Court and cross examining her of her own statements.

Also "even a hardcore criminal will love to consumate his marriage with his virgin wife atleast before asking for dowry......." ! A well reasoned Lordship said this exact sentence in a quash appeal before Hon'ble SC long time ago but to reach to that stage first get divorce decree instead of shouting to me to give you the citation as if without citation no case progresses.......

End one chapter out of the two and carry it to S. 498a case to neutralize it but I admire her petition writer special skills to craftily word criminal wordings….gr8 literary work I must say J .  

Non-cosummation alone is no ground for Divorce/ Annulment.

Non-consummation owing to impotency is a ground for annulment and Non-consummation because of denial can be cruelty.

As said by Tajobs, try to end all matters. However, I disagree that sole divorce is of no use. You can restart your life with the same.

Regards,

Shonee Kapoor

If you are non-muslim then marriage is annulled befoere non-consumnation. rather becomes evidence that you did nto consumnate marriage due to less dowry.

other query at

https://www.lawyersclubindia.com/forum/How-to-prove-that-your-wife-is-currently-working--69980.asp#.UKuiFGfRDWN

Originally posted by : Sudhir Kumar
	If you are non-muslim then marriage is annulled befoere non-consumnation. rather becomes evidence that you did nto consumnate marriage due to less dowry.

Sorry I did not understand your point. Btw can you name a single man on this earth who has refused to consummate his marriage just because his wife has brought no or less dowry? TAJOBS right said "even a hardcore criminal will love to consumate his marriage with his virgin wife atleast before asking for dowry......." ! 

Hi Tajobsindia,

Can you please that Supreme Court judgment which you're referring above, am also passing from the same phase in life; may this judgement can help me to come out of this legal terrorism; will be very thankful to you.

Thanks