Any judgement of annulment on non-consummation..
swasti
(Querist) 01 October 2012
This query is : Resolved
Is there any judgement of annulment of marriage
Sushil Sharma
(Expert) 01 October 2012
deny for sexual relationship is amounts as cruelty and is a ground for divorce. however your question is not very clear that it is husband's fault or of wife.
swasti
(Querist) 02 October 2012
Is there any judgement of annulment of marriage
ajay sethi
(Expert) 02 October 2012
1)how can the lady be virgin if the couple had sex for couple of times?
2)has the potency tests been done on the husband?
3)if the husband is not impotent then it cannot be ground for annullment .
4) if however wife alleges she is a virgin and is proved by mdeical examination then court can consider the plea for annullment
ajay sethi
(Expert) 02 October 2012
Husband ‘mentally impotent’, ‘virgin’ wife seeks annulment
Abhinav Garg, TNN Jun 4, 2012, 12.42AM IST
NEW DELHI: A 26-year-old woman has approached a Delhi court with a plea to annul her marriage, saying her husband is "psychologically impotent" and despite being married for several months, they have had no sexual relations.
Citing the inability of her husband to consummate the marriage as a ground for "mental cruelty", the woman said she was ready to undergo medical examination anywhere to prove her virginity.
The plea came after the estranged husband gave a written statement to the Delhi Police that the marriage was consummated and he wasn't at fault for the marital strain.
The wife's plea trashes the claim. The husband's "abnormal behaviour" became clear on their honeymoon to Australia and New Zealand last year, she alleged.
During the 15-odd days they spent there, he avoided getting close to her but mingled freely with other women, which "could irresistibly lead to the conclusion that the respondent was psychologically impotent qua the petitioner and this is the reason the marriage could not be consummated and the petitioner till date remains a virgin".
According to the woman's plea filed through her advocate Prabhjit Jauhar, the woman said there was no sexual contact through the honeymoon despite several advances by her. Thereafter, the couple also went for a short holiday to Goa but the estrangement continued, says the plea. "The wife after spending more than nine months with her husband was not able to evoke sensual feelings from her husband and as a result had to walk out of the matrimonial home."
Referring to Supreme Court judgments, the wife said matrimonial courts had the power to refer parties for a medical examination to ascertain the truth, and that she too should be permitted to prove she is a virgin despite several months of marriage.
Additional district judge Sudesh Kumar has posted the matter for July 26 after issuing notice to the husband on the woman's plea.
ajay sethi
(Expert) 02 October 2012
Nagpur High Court in Kishore Sahu v. Snehaprabha Sahu, AIR 1943 Nag 185 (SB); H. v. H. AIR 1928 Bom; 279, and Balavendram v. S. Harry, AIR 1954 Mad 316 (FB), and the English decisions cited therein. It is true that though a person may be generally potent he may be impotent towards a particular person of the opposite sex and that may be a good ground for annulling a marriage provided the other conditions required by section 19(1) of the Indian Divorce Act are satisfied. But in such cases the court would require some corroborative evidence to support the statement of the other side to the effect that the marriage was not consummated. If the wife was a virgin before marriage medical evidence would be the best piece of corroboration. Similarly, if there was any mal-formation of her sexual organs rendering normal sexual intercourse impossible, the medical evidence would be very valuable though nobody can compel the woman to submit herself for medical examination, nevertheless the court may, on the application of the other party call upon her to submit herself to such medical examination, and if she refuses the Court may draw an adverse inference. Apart from the medical examination it will always be possible to adduce some type of corroborative evidence to support the case of the Other spouse that the marriage was not consummated for those specific reasons. The mere statement by the wife that she was not well disposed towards her husband as he was not treating her as his wife and that consequently there was no consummation of the marriage would not be sufficient to show that she was impotent towards him.
prabhakar singh
(Expert) 02 October 2012
There are many but what is your case?
I can not blindly cite a judgement without knowing facts of your case.
