Mutually agreed nullity possible?

Ranganath (Querist) 30 March 2009 This query is : Resolved
Ld counsels

If non-consummation is agreed by both the parties, is there a possibility for nullity on mutual grounds, without any allegations apart from non-consummation.

Will there be a problem in dissolving the marraige this way.
Is there a possibility of false cases in future. (Defamation etc)

Please tell me what is the best way to get out of criminal cases in the event of a mutual nullity.
1. With out getting in to any compromise deed get a no-charge from police (it is still in FIR stage).
2. Get into a compromise show it to the court and compound the case. (it is not 498a in my case).

Thanks

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PALNITKAR V.V. (Expert) 30 March 2009
For nullity on the ground of non consumation it has to be alleged that the other spouce is impotent. one can not get decree of nullity on the non consummation of marriage without pleading impotency. About defamation aspect you may incorporate a condition in mutual terms that none shall file any proceeding for defamation. Thirdly, police have no power to record compromise and dispose of the case at their level. So it has to be compounded either in court or police has to send final report to the effect that there is no enough evidence to send the chargesheet.

n.k.sarin (Expert) 30 March 2009
I fully agree with the view 0f Mr palnitkar. Apart from the said view of Mr.Palnitkar,I have to say,why do notyou go simply for divorce? divorse by mutual consent.

Ranganath (Querist) 30 March 2009
Thank you sir Mr. Palnitkar, My gratitude to you cannot be expressed in words.

M. PIRAVI PERUMAL (Expert) 31 March 2009
Thanks a lot Mr. Palnitkar.

PALNITKAR V.V. (Expert) 31 March 2009
Dear Mr. Ranganath, its my pleasure to do something for others. Apne liye to har koi kuch na kuch karta hai. You are always welcome whenever you feel that i can be of any help to you.Thanks.