Alex (Business) 02 March 2009

no rule for non-consumated marriage?

H and W lived together one month after marriage(Hindu). Then W went to her home and send a divorce notice asking for non-consumated divorce. H & W had NO SEX when they lived together, due to some quarrels, or in past. But H & W are medically fit for s*x. Now, H don't want to give W non-consumated divorce at any cost. In court H, who is also potent, says he had s*x with W. But W denies it and ready for any medical test (She knows her Hymen is not broken by anymeans). So, Can W get non-consumated divorce? Will court take into account any medical test result to declare W is virgin? I've heard that there is no medical test to certify girls virginity even if her hymen is intact. Will court just deny non-consumated divorce without considering anything else if H is potent?

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3 Replies

N.K.Assumi (Advocate) 04 March 2009

Dear Alexji,

Honesly speaking, this is a grey area in human relationship. As a true virgin or a false virgin is hard to prove, as both are possible and it is very hard to ascertain either of them. In such a situation it is only through brain storming cross examination one can cracked the thruth. As the wife is alleging non-consumation of marriage and the husband stands with potency; and how to cracked the truth is not the field of medical but cross examination of the parties: All the best.

Alex (Business) 04 March 2009

Dear Asumi,

Thanks for the reply. As an Advocate could you tell me some of the questions that Husband can expect in cross examination from Wife's Advocate to prove there was no s*x? I'm not clear at all how an advocate can prove they had/hadn't s*x by asking questions? Can you just give here some of questions asked by both parties' advocates. Thanks in advance.