Marriage not consumated after 8 months

1) How can i get this problem resolved. Doctors/ Counsellers who interacted with us suggested me to get out of this marriage. Else I would be getting into bigger and bigger trouble as time passes.

U can easily get out of the mess if u prove that they concealed her mental ilness at marriage

2) How can I be sure I wont be charged under section 498a or any other false case. I have not taken any dowry, but I dont have any proof of the same.

No Way Out. Its a by-product of failed marriage.

Dear SJSP,

Regarding Hindu Marriage Act.

First this very carefully section 12 (1) (a) of the Hindu Marriage Act, 1955:- Voidable Marriages.-(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a)  That the marriage has not been consummated owing to mental or physical disability she has made has to be with regard to impotency not any thing else. A person may be disabled mentally or physically for some other activity of life will not mean the person is disabled for s*xual activity. But it will depend how your lawyer draft reply for this, you can charge about her mental & physical disability kept hidden at the time of marriage can be considered by the court provided those mental & physical disabilities are medically proved from your medical history right back to the period just before the marriage up to date.

What you see here two things you can prove in the court to get decree of nullity on this ground, these are none consummation of the marriage & secondly her physical disability of impotency. For none consummation of marriage you can say it on oath, get some witness to whom you have informed the absence of any s*xual relationship with her after the marriage. For the second issue which is mental problems, you to prove it by sufficient medical evidence, for which she may be required to under go medical examination by qualified medical practitioner who will report about her medical stage that will be evidence about her second charge about her health related. Even if the first part of none consummation of marriage i.e. lack or Sexual relationship between both of you are presumed to exist, the second part is more important to prove in the court by the medical evidence that none consummation of marriage was due to mental & physical problems, if this part is not proved, your charge fails & you cannot be granted decree of nullity on this ground. Does you have all such evidence available.

Against 498A , its better you need to contact a lawyer who'll guide you in the matter

Dear Members,

Could you please help em with below..

1) Are the following two conditions taken individually be sufficient for getting out of marriage.

         a) Wife having mental problem.. This causes severe stress and stress-related health problems in people staying with her. But this might not be related to her inability for consummation.

         b) Inability for consummation, but able to conceive child by surgical methods.

2) As a proof for inability to consumme, one has doctors report of vagi nsmus (severe vag contractions) taken after marriage. But how can this prove that the condition was before marriage. How can one prove that the condition causing inability to consumme was existing before marriage.

3) As a proof for not disclosing condition of a lady before marriage, can a voice recorded telephonic conversation with wife or inlaws suffice.

Thanks,

sp