How non-consummation of marriage is prooved in court

that non-consummation of marriage would render the marriage voidable.Once the marriage itself is a voidable marriage, there is no question of divorce at all would arise.In a similar case, Dr. Bhatia when it was discovered by the party that the other party was suffering from second degree prolapse of the uterus. This was indicative of non-virginity. Taking into consideration the medical report and the odd behaviour. 

Rejoinder:-

1. One who alleges non consummation of marriage is supposed to prove it not the other one.

2. Marriage is usually held to be consummated if otherwise alleged by one of the spouse.

3. As a bride, the statement on oath in the court proceedings about consummation of marriage is taken as correct and held as duly proved as wife is a competent witness under S. 120 of the Evidence Act.

4. Non consummation of marriage is due to impotency of the other spouse which has to be medically proved in the court proceedings.

5. In the opinion of modern medical practitioners, there is no absolutely certain way to prove that a recent act of coitus was not a bride's first.

Do a self reality check now:
What if women did not have but men had hymens covering their penises! Men would face no problems if men’s hymens were broken because of horseback riding or (motor)cycle riding or masturbation or s*x or something else. Would women ever ask men to give proof of their virginity? No. Rupturing hymens would be a man’s proof of masculinity. Men would be treated as uncouth and retard if their hymens remained intact after their puberty.

@ramcharry, sir I know if consummation is not there then it is voidable marriage but here the situation is different a wife who is contesting the marriage is having affair prior to marriage so consumation by husband has not happened till date.She is not ready to give divorce and not ready to call off this marriage as voidable.Here husband is contesting for non-consumation of marraige but wife is alleging that consumation has taken place. That's why I have raised a such topic.

@Tajobsindia,You have understood me wrong I live in 21st century and having same thought also.There is no question of breaking of hymen and shouting ayo rama she is not virgin.Here the case is different which i have mentioned in my second post.

if a marriage is a voidable marriage without consummation then wife who is fraud alleging that she has consumated the marriage but the fact is she has not consummated the marriage and she was having a affair,so in medical examination it will be come out that marriage has been consumated but god sure sir,it was not consummated.How it can be prooved that from husband side marriage is not consummated?wife want's to contest the marriage for just sake of maintenance.Even husband and wife are living apart from 9 months due to this reason.

The question why I have put in seperate thread is "whenever i used to post on this topic you always escape by posting your answer as Last reply.Sir,if you don't understand the questin how would give the right answer.

Look this time also when I need your discussion you have put your post with Last reply.How could I clear my doubt's and how could you will come to know that Iam 21st century guy or early age man,who cries for his wife's non-virginity or not.

I request other expert's to plz help me if they can.

Thanking you in advance.

Then in that case the allegation starts from my para 4 r/w filing a Petition by husband under S. 12 (1) (a) and (c) HMA subject to her cervix - uterus clinical examination by a competent dr. r/w a Dr. voluntaring to standing upto cross examination at box and ends with para 5.
Result will be the marriage will be annulled if successfully proved by husband.

Acha baba loh exact citation ref. as per your second brief: P.V. Gopal Krishnan Vs Kanaksha Gopal Krishnan (Mrs.) [1982 (1) BomCR 454]  

BTW, I am not escapist, I try to avoid further discussion on women's or women's s*xual organs topics due to time pass ladies in LCI commenting irresponsibly to my replies which are always pure legal as you will find once you Google and read down above placed citation and this citation has some volatile reference to women's s*xual organs, had I put them verbose here, I would have been subject to these two LCI female time pass members unnecessary comments and like in past such post would have eneded up into deletion . So at the end I don't suffer due to lack of legal knowledge it is you The Queriest who suffer getting exact remedy.

Illustration of irresponsible time passes comments on my legal replies by female LCI members @ Apsara and
@ Nina Rakheja;

https://www.lawyersclubindia.com/forum/In-india-are-cross-gender-massages-legal-or-banned--88391.asp

https://www.lawyersclubindia.com/forum/Infidelity-over-phone-is-a-ground-for-divorce-87755.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=88429&offset=3

[Last reply]

Originally posted by : Tajobsindia
	BTW, I am not escapist, I try to avoid further discussion on women's or women's s*xual organs topics due to time pass ladies in LCI commenting irresponsibly to my replies which are always pure legal as you will find once you Google and read down above placed citation and this citation has some volatile reference to women's s*xual organs, had I put them verbose here, I would have been subject to these two LCI female time pass members unnecessary comments and like in past such post would have eneded up into deletion . So at the end I don't suffer due to lack of legal knowledge it is you The Queriest who suffer getting exact remedy. Illustration of irresponsible time passes comments on my legal replies by female LCI members @ Apsara and @ Nina Rakheja; https://www.lawyersclubindia.com/forum/In-india-are-cross-gender-massages-legal-or-banned--88391.asp https://www.lawyersclubindia.com/forum/Infidelity-over-phone-is-a-ground-for-divorce-87755.asp https://www.lawyersclubindia.com/forum/details.asp?mod_id=88429&offset=3 [Last reply]

I agree with  you Tajob sir.I really do'nt like these two time pass ladies who always stop you replying in such hot threads.You please don't care for them.Keep up your legal service.

 I would like to thank's tajjob for revealing such a bar where he refrained not to contribute his sea of legal expertise due to the said these two time pass Ladies which has been named by Apsara and Nina Rakheja or any other profile.

As a member of LCI i request Tajob to contribute his expertise in every thread without considering the fake people by the road.

regards.

A sufferer...

Dear Seikhar,

As per your PM and query,I would like to add that a marriage is can't be called as valid marriage until or unless it is not consumed.Simple getting married and not enjoying the physical intimacy is a voidable marriage under the eye of law.But subsequently there must be a reason where such unconjugality has been performed. This is most prominent question through which your defence lawyer will put during the time cross examination.

A marriage is not consumated is not a single statement whereas it carries numerous clauses inside it ,like as following:

1. Due to impotency of either of spouse?

2. Due to incompatability issue which has been revealed during first night itself?

3. Due to any mental phenomena or any disgrace?

4. Due to some internal health issues prevailing for such acts?

5. Due to some future concerns or needs?

6. Due to simply harassing either of spouse for any unwilling demand?

So,here ,as per your querry point -2,3,6 are grounds which has made to non consummation of marriage.

I want to know from your end as what ground you have taken in the procedure for non consummation of marriage?

Simple alleging that non-consummation has not occured will not give you any relief until or unless you have stringent evidences supports and witnesses which can proove your allegations.

If mediaclly aprooved that you both are fit for consummation and even she is not a virgin......then again a matter of arguements and uphelding with trial will go on and on....

So,first of all you have to make a solid ground by which the consummation has not been occured.

What has made you to live apart since first night onwards,what strange or any fraud you have notice since the s*xuall consummation started and went for non consummation.

I again remind you that in eye of Law if a lawful facts and circumstances been approoved that due to this cause the pettitioner is unable to consumate the marriage,then there itself the marriage will be annuled.

Just go through the citation given by Tajob and ask you lawyer to proceed with such cases of sec-12(i) (c) HMA 1955

The day when it will be prooved that this matterial fact's were supressed prior to the marriage,by which the consent of you and your guardian has been taken by fraud or by force then your marriage is voidable which can be 100% get annuled.

Best of luck and for more query you can PM.

regards.

A sufferer..

@ Sufferer:
you have stringent evidences supports and witnesses which can prove your allegations.

agree with u. bt hw ? other may not like to hv intimate/personal conversation in presence of third person. whn one think to plan this type,unless one get bitter experience frm other or otherwise it has been already decided it frm very begining.

My Dear gd y guddddddddddddddddyyyy..!!!

Here stringent proof means any evidences which reflect the negligence of s.e.x by either of spouse undoubtly. It can be supported by medical evidence,electronic evidence,physical evidence etc.

It's observed that no one peeps in the bedroom of a married couple at their prime time,if any body do then he is either nympho or suffering from huge s.e.x.u.a.l over functioning, in that case he can use his bed or wall..

I will  suggest you to read Indian Evidence act .

@ Sufferer:
My Dear gd y guddddddddddddddddyyyy..!!!
Here stringent proof means any evidences which reflect the negligence of s.e.x by either of spouse undoubtly. It can be supported by medical evidence,electronic evidence,physical evidence etc.
It's observed that no one peeps in the bedroom of a married couple at their prime time,if any body do then he is either nympho or suffering from huge s.e.x.u.a.l over functioning, in that case he can use his bed or wall..
I will  suggest you to read Indian Evidence act .

@Tajobsindia & @Sufferer Thanks alot you both are gem of persons on this LCI.You people are doing great job.Thanks alot for giving such a valuable insight.

@ Tajobji:

Rejoinder:-1. One who alleges non consummation of marriage is supposed to prove it not the other one.

means one cannot allege to other of being impotent thgh allegation is true bt cann't prove it bcoz of past.



@ sufferer:
2. Due to incompatability issue which has been revealed during first night itself ?

agreed incompatability btwn thm by fail to understand which type of issues revealed after marriage and not before tht prevent thm to mk love ?

feel obliged to hear.

@ sufferer:
an admirer of ur mastery over law and good hold over language.
agreed m not upto ur level in any field.

m interested to learn frm u is law and not language. request u pl. take note of it.