Can marriage be considered as null & void if no sex i

if your wife willing it can be considered as null and void

why did your wife marry you if she was having an affair, if she is ready, then better try for making marriage as null and void or go for MCD, but end it soon

if muslim then such marriage will be incomplete.  Other communities it is a complete marriage and cannot be declared null and void till a proper divorce is granted.

@sarvesh, but how can it be proved in court, s*x is something where there are no witnesses present, nor does anyone carry a camcorder in the bedroom to record the act, whether it is taking place or not, so how will one prove that there is no s*x existing between them. regarding child as evidence, even in the absence of child, s*x can take place by contraceptives.....so my moot point is, how does one prove in court that there is no s*x between them

Dear Querist

refused to cohabitation comes under cruelty, if possible to file MCD then it will be better for you, for procedure either contact a lawyer or read section 13B of HIndu Marriage act if both the parties are hindu.

Feel Free to Call

If the wife admits her extra marital relationship with someone and refuses to cohabit with you for that reason, you may go for divorce on mutual consent even if the marriage was held within one year. In the application u/s 14 of HM Act, seeking permission to file petition for divorce within one year from the date of marriage, ask her to not to object the same and once the application is through, the MCD petition will be taken on file for further course of action. 

Dear querist,

1. null and void marriage comes U/s 11 of HMA 1955 if you are a hindu then.

2. To declare null and void no body needs to proove that he had s*x with her wife or vice versa or not.

3. The Non-consummation of marriage in Hindu marriage comes U/s 12ia HMA 1955.

4. So,here according to your query if no s*x within 4 months happened then it is not a ground of null and void untill or unless it is read with U/s 5 HMA 1955 to counter against the said section to get relief on the mentioned cause.

5. Now, after gauging your depth of query one could esily say that you are asking on the way as how to get freedom......

6. The best possible way is to see the grounds where you are fullfiling under the sections led down in 11,12,13,14 of HMA 1955.

7. Now as sec-11 i have allready explained with sec-12ia of voidable marriage.Now under 12ic of voidable marriage even you can seek relief within one year if the matterial facts related to marriage consent was supressed by either of spouse.

8. By sec-13B you could go for relief after mutual consent even within one year as the grant of leave depends on the judge according to your plead.

9. By sec-14 HMA, here if a couple had crossed such an exceptional hardship where no chance of survival exists due to danger of life and limb of the petitioner,then one can seek relief on the said ground.

10. Hope I would have cleared your doubt's on your said querry.So,chose among the best possible ground and always remember that by Mutual understanding even a marriage can be annuled and also can be made void ab initio,the only thing is planning and strategie. The same thing I have discussed in other part of the relevant thread on this forum.If you wish you can take the refference.

Regards.

@Author

Your query is vague. Its not clear whether the marriage is consummated at all or not. If not consummated then only you will be eligible to file for null and void case. If consummated but thereafter with some differences, she is avoiding you then you only have to file for divorce showing mental cruelty.

For any of the above scenario's you need strong proof's to prove the non-consummation or mental cruelty part.

12.       Void able marriages

(1)       Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

Need not be impotence alone, even willful non-consummation of one party also leads to null and voidable decree.

I agree with Raj.....

@ Stalker,

you have been misunderstood just change your reply what you have mentioned as Non-cohabitation of marriage is needed for Null & void marriage.

You have been here wrongly footed as "No such ground is needed for Null & void marriage, If a marriage not full fill the criteria lead down U/s 5 and 7 of HMA 1955 then it is termed as null & void.

And special marriage act carries the different aspect even their marriages can be made voidable if non-consumation has not happened and there is no specific codition put that a man/women needs to be impotent as Law is silent on this particular non-consumation.

hindu marraige is complete on saptapadi (or any other ceremony as per local custom) refusal to s*x can be a ground for divorce but it does not automatically nullify marriage. Unless divorce is there marraig eis binding.

muslim marriage is complete and binding on consumnation.

@all.......but the moot point still remains to be answered, how does one prove there is non consumation of marriage, ie, absense of s*x,  how will one bring some substantial proof, as there is no eyewitness. no video or audio recording, just a mere allegation of denial of s*x

no how does one drive home this point,,,,,,to nullify or get divorce......???????