@Author
Yours is a clear case which falls under Section 25 of Special Marriage Act. But the issue is that your post is not clear if it was "Registered Marriage" or "Hindu Marriage (as per rituals)".
If yours was a "Registered Marriage", below is the law cited for your reference:
Section 25 in The Special Marriage Act, 1954
25. Voidable marriages. Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if-
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872 ) Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,-
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
If yours is a case of court marriage then you can avail, Section 25 (i) of Special Marriage Act. Any of the spouse can submit an application before the designated competent court for Nullity Decree. It would not be an issue of both parties are matured and understand the nature and consequencies of this marriage.
If yours was a "Hindu Marriage (as per rituals)", below is the law cited for your reference:
The Hindu Marriage Act,1955
12. 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 respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
In above case, Section 12 (1) of HMA, 1955 can be utilized but this would be very difficult because unless there is no medical certificate to the effect that the girl is incapable of intercourse, might that be due to her fear, no judge can pass a decree of nullity.
In my considered view, yours is a case of marriage under "Special Marriage" because it seems you got your marriage registered in the court. Hence, you would find it easy to get the decree of nullity from thr court as explained above. Kindly consult an experienced lawyer who would not mess-up the case. There are crooks roaming around who generally make the parties get annoyed with each other and then end-up filing false anf frivulous cases. It is very important that both parties act matured and try to resolve this peacefully. If you let the parties fight then it could simply kill the coming years.
All the best
//peace
/Saurabh..V
