Hb 05 October 2017
Vijay Raj Mahajan (Advocate) 05 October 2017
You cannot use your physical disability to consumate marriage as a ground to get annulment of marriage, only your wife can use it as a ground for annulment of marriage.
As far the charges under section 498A, 377, 406, 509, 120B IPC are concerned these require admissable evidence beyond reasonable doubts. The honeymoon incidence that has been mentioned in her complant will not serve her case unless there exists medical evidence of that day/time to show physical injuries caused to her by all those incidences mentioned there. Demand of SUV as dowry item etc too require sufficient evidence (independent eye witnesses, documentary or recording of demand etc.) to prove charges u/s 498A IPC. The stridhan that was brought by her and if kept at your custody should be returned back to her to avoid section 406 IPC charges.The charges u/s 377 IPC are serious in nature about indulging in unnatural s*xual relationship with her, here there is a contradiction by her own admission about your physical disability due to under develpoed s*xual organ. To belive her charges under section 377 IPC shall be difficult for the court and her case will fall flat.
Hb 05 October 2017
Thank for the reply. I was thinking on terms of Saying that she did not allow me to consummate the marriage as she was entangled elsewhere and to save herself from bad name is trying to put false allegations. Only thing that could be proved here would be that both of us have committed of non-consummation citing different reasons. I can disprove her allegations any days by undergoing a medical if need be but the burden to prove non-consummation will not be there on me as she has already committed it.
Is this the right way to move ahead as i have not taken any stand anywhere in court and need to make the storyline on which i will be fighting the case.
Siddharth Srivastava (Advocate) 05 October 2017
Though non consumation of marriage is one of the ground for annulment of marriage but the annulment of marriage does not absolve you from section 498A and DV Act case. Consult a lawyer with details. Sidharth 9811776422
Hb 05 October 2017
Adv Radhika Mehta (Advocate) 05 October 2017
That depends on the Courts discretion. There is a provision for Decree on Admission but whether the Court will consider the same to be genuine or a collusion/ connivance between the parties cannot be assured.
Advocate Bhartesh goyal (advocate) 05 October 2017
Advocate Bhartesh goyal (advocate) 05 October 2017
Advocate Bhartesh goyal (advocate) 05 October 2017
Hb 05 October 2017
Rishi kumar 05 October 2017
I can't understand what kind of a dud you are!!!! Once you admit ( albeit falsely) that you are impotent, she will extort money from you like anything alleging you spoiled her life. Initially you will think the marriage will get annulled if you ignorantly accept impotency then only the real game will start. She will screw up your life for ever going around town singing about your non existent problem. She will settle down with her beau and you will become the talk of the town, ie, laughing stock.