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Raghu (Consultant)     26 August 2024

Non consummation of marriage under hindu marriage act india

Even after 4 months after marriage couple did not had physical intercourse.Wife was not allowing husband by saying various reasons. Is this reason for marriage annulment or can come under cruelty 



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 3 Replies

Dr. J C Vashista (Advocate )     26 August 2024

It is both as one of the grounds for annulment of marriage as well as cruelty committed upon husband.

However, I would prefer to take side with a ground for annulment of marriage instead of putting a tag of divorce on the couple, if they are unable to compromise and live togather as husband and wife after consumation of marriage.

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N.K.Assumi (Advocate)     26 August 2024

If either of the parties to the marriage being healthy and having capacity refuses to consumate the marriage, it would amount to cruelty, entitling the other party to a decree as it will have adverse effect on the health of the other spouse. However, the marriage is only four months old it would be better to consult a doctor before jumping to any final conclusions.

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T. Kalaiselvan, Advocate (Advocate)     27 August 2024

In the context of marriage, consummation is the first time a married couple has s*xual intercourse. It's often referred to as the completion of the marriage. In some religious laws, if a couple doesn't consummate their marriage, it can lead to divorce or annulment. However, this isn't the case in most modern state laws. In fact, even if a couple doesn't consummate their marriage, it can still have legal consequences. For example, in some traditions, a marriage can be considered null and void if it hasn't been consummated, whether due to one party's inability or refusal to do so.

However it will be too early to file an annulment of marriage case without ascertaining the facts and reasons. 

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