How is non-consumation of marriage proved

Dear Alex,

                                 Consumation mean VERA COPULA or Conjunction of bodies. A true conjunction is achieved as soon as full entry and penetration has been achieved and what follows goes merely to the likelihood or otherwise of conception. Discharge of semen has got nothing to do with the questions of impotence. Consumation involves complete penetration, but not necessarily ejaculation; if the penetration can be sustained only for a short time and there is no emmission it can not properly be described as the " ordinary and complete" intercourse which is required for consumation.

                          The term consumation in common parlance means an act by which parties perfected their marriage and had s*x relation. In legal parlance consumation means full and complete penetration; a partial penetration or aborative attempt at intercourse ( an incomplete act of coitus) would not constitute consumation. 

Dear Alex,

                      In a very interesting English case on virginity, the parties did not dispute their basic s*x, the woman had a defective genital formation namely v**ginal atresia. She had no uterus,nor she evr mensturated. The wife agreed to an artificial v**gina being created upon her by plastic surgery. The court of appeal held that such a wife would not be incapable of consummating the marriage. S.Y. vs S.Y (1963) P 37 (CA).

                     The issue is what do you want? Divorce on the ground of false virginity? or Divorce on the ground of non-consumation of marriage? Lastly there is nothing to be embrassed to pose such family quiestion as even the School kids are taught on Sex education.

                        In a delhi case the woman when she was only 15/16 years old, plastic surgery was performed upon her by which an artificial v**gina was constructed by skin grafting. The artificial v**gina was only three inches in depth and after marriage full penetration was not possible. The wife was held impotent and the marriage was annuled. Sushila Vs Vijay Kumar (1982) 1 DMC 119.      

Can it be legally accepted by way of virginity tests performed on a female in marriage as proof for non-consummation of marriage.



 

As per Modi on Medical Jurisprudence and Toxicology, normally the hymen is ruptured by the first act of coitus, though it may persists even after several act of s*xula intercourse if it happens to be loose,folded and elastic or thick, tough and fleshy. It further says that if in a woman with an intact hymen, the edge of the membrane are distinct and regular, with an orifice of small dimension, which allows the terminal phalanx of a finger to penetrate and the hymen is well stretched, all the persumption are in favour of true virginity or in other words, all the persumption are in favour of non penetration of the penis into the v**gina. See at page 355-356.

I endorse the views of mr. N.K.Assumi.He is absolutely right.

Mr. Assumi has given a very descriptive reply.

I endorse the views of Mr. Assumi & Mr. Palnitkar