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Ilangovan (Scientist)     03 August 2012

Non consummatiom of marriage

Dear Legal Experts,

Wife says, no intercourse between her and her husband since marriage. Both are living separate for more than 4 yrs. Wife has made false 498A on husband and in-laws. Due to this, husband feels to end the marriage bond. In this condition, what are the advices to make the marriage null and void. To make the marriage null and void, what needs to be proved and who has to prove? Though s*xual relationship existed  as per husband's views, husband wants to utilize the false statement of his wife that "there was no intercourse between them", just to get the marriage made null and void. Please offer your kind suggestios to proceed further.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 August 2012

Non consummation of marriage is a ground for annulment only when it is because of impotency of either party, not otherwise. 

1 Like

Ilangovan (Scientist)     04 August 2012

Dear legal experts,

Thank you very much for throwing light on the issue. Please clarify some more following doubts on this issue.

1. It was told that, in Special Marriage Act, there is a provision for annulment of marriage if there is no consummation of marriage even by wilfull avoidance by either party to marriage. Is it so?

2. In the present case, marriage was solemnised under hindu rituals and marriage was not registered before the physical separation took place.

3. What's the difference between special mariage act and normal marriage act as per hindu marriage?

4. When a wife says that there is no consummation of marriage, is she liable to prove her statement through medical examination?


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