Rahul Sharma (Others) 27 August 2012

Marriage not consummated

Before I start, I seriously want to take a moment to thanks all the Advocates who is helping people like me and supporting them emotionally and technically to fight for their rights…THANKS A LOT !

Does Non-consummating of marriage a ground of divorce, does that means that marriage is not valid and can be considered to be dissolve

Just to give you all a background;

Got Married in Dec 2010

She left finally in April 2011

I filled RCR after all efforts got vain, in DEC 2011

In Reply/WS to my petition she accepted that marriage was not consummated though she blamed me for that but then accepted.

Now, Can this help me in anyways if I now want to go for divorce using this as a ground since she is not willing to come nor she is ready for any settlement they are demanding huge amount which can't afford at all even if I become their slave.
Please help me in understanding the right movement now....does divorce with Non- consummating of marriage would be a right move and any Idea what time generally court takes in such cases/decision.

I see NO fruitful result in running RCR anymore.. Please Guide.

Regards,
Rahul Sharma

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2 Replies

rahul (director) 27 August 2012

Judge will ask you, why you still interested in this marraige when she is not ready for any relation with you and till now it is Non-consummate marriage?

Judge know that your final goal is to get divorce, and you know that if husband file for divorce in india,.. then it is very difficult to get it. so u adopted RCR route, after RCR in your favoure.. you can file for divorce after 1 year of rcr degree /// then it is very likely, you will get divorce.

You filed RCR only because you know that she will never come.

What she said to Judge when judge ask her why not she join your husband(you)?

I think she must frame some charges (false) on you that why marriage is Non- consummated.

if she say NO, then RCR order will be in your favour. but Judge cant force her to live with you after she lost the RCR petition.

about their demand.. it is very early in matrimonial case// you are in court for 8 month only.. so lets pass 1 more year/// then her demand eill come down.

Rahul Sharma (Others) 27 August 2012

Thanks for the answer sir,

Frankly speaking I agree that Man in India is now a day’s filling RCR to see that as a short cut, but being true with you Initially I was interested in following RCR but looking at her no interest I don’t think I should continue this more, that’s the reason I was thinking and my lawyer is suggesting to take the alternate of divorce on the grounds of non-consummation of marriage (which she has accepted in her Sec9 WS but have blamed me for this, mentioning that I never showed the right intention)

Yes, she did replied with lots of wrong allegation on me and family giving reason of life threat to judge to not to join me (which is all fake, and there is no proof with her)

Now, Please help in understanding and answering my previous query of divorce on the basis of non- consummation of marriage.

Also, just to add.

Does her only acceptance is Sec9 WS proves that marriage is nullified or do I have to prove that it’s not me but she who was unwilling

Please confirm this as well.

Thanks and Regards,

Rahul