Non - consummation of marriage
Rahul Sharma
(Querist) 27 August 2012
This query is : Resolved
Before I start, I seriously want to take a moment to thanks all the Advocates who is helping people like me and supporting them emotionally and technically to fight for their rights…THANKS A LOT !
Does Non-consummating of marriage a ground of divorce, does that means that marriage is not valid and can be considered to be dissolve
Just to give you all a background;
Got Married in Dec 2010
She left finally in April 2011
I filled RCR after all efforts got vain, in DEC 2011
In Reply/WS to my petition she accepted that marriage was not consummated though she blamed me for that but then accepted.
Now, Can this help me in anyways if I now want to go for divorce using this as a ground since she is not willing to come nor she is ready for any settlement they are demanding huge amount which can't afford at all even if I become their slave.
Please help me in understanding the right movement now....does divorce with Non- consummating of marriage would be a right move and any Idea what time generally court takes in such cases/decision.
I see NO fruitful result in running RCR anymore.. Please Guide.
Regards,
Rahul Sharma
Devajyoti Barman
(Expert) 27 August 2012
Non consummation is a ground for nullity , not for divorce.
So if you have to file a suit afresh on this ground alone then go for nullity.
Rahul Sharma
(Querist) 27 August 2012
Thanks Mr, Devejyoti,
So you want to say that NON consummation is a ground of nullity and since the marriage in not legal there is no point looking for divorce, rather I should go for nullity of marriage.
Hope I am understanding right?
Just to add
Non consummation is because of her unwillingness and not because of any impotency, though she blamed me in her reply for showing unwillingness.
Also, do you have any idea what times does this takes generally?
Rahul Sharma
(Querist) 27 August 2012
Sorry about multiple emails,
But one more thing, which is very important for me to move ahead.
Does her acceptance is Sec9 WS proves that marriage is nullified or do I have to prove that it’s not me but she who was unwilling
Please confirm this.
Rahul Sharma
(Querist) 28 August 2012
Dear Mr. Ashish,
I wish I could go for the mutual settlement, but I did mentioned in my thread that they are demanding huge from me to settle out the case which I can’t afford.
What could I do in such case?
Just want to reconfirm about
"Non-consummation of marriage is a ground for nullity only when the marriage has not been consummated due to the impotency of either party. When the respondent spouse is not impotent, non-consummation simpliciter is no ground on which the marriage may be declared a nullity by the court"
Other Lawyers please put your thoughts as well.
What does below information means than;
“”Section 12(2)(b)(iii) in The Hindu Marriage Act, 1955
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 2[ the said ground]. “”
Source: http://www.indiankanoon.org/doc/1921798/
Please clear the doubt, which would help me in taking right decision.
Thanks
Rahul
Yogesh Anand
(Expert) 29 August 2012
A good divorce lawyer can guide you better because your proble needs practical solution. Mere understanding the law will not suffice.
