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dec17 (student)     17 December 2010

non consumation of marraige

non consumation of marraige is ground for divorce.

an nri husband filed divorce regarding this after marraige he left away by promising that he will send visa papers to his wife and obtained expartee divorce that his wife is not joing with him and marraige is not consumated so cleverly by sending notices to wifes vacate house and later the divorce was restored by wife

here the matter looks simple but he pain suffered by wife for one and half year that that husabnd left away and no communicatin and cheap menatlity regarding divorce is mental torcher waht step we should take regarding this people now the case is for tral for the dvc and 498a

is  non consumation of marraige is ground for divorce and also wife says marraige is consumated and husband say no how can we prove his cunning mentality and how to revel the pain to judges this type of cases damages alot as it looks simple but not simple



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 4 Replies

nitinjain (Manager-Legal)     24 December 2010

Originally posted by :dec17
"
non consumation of marraige is ground for divorce.

an nri husband filed divorce regarding this after marraige he left away by promising that he will send visa papers to his wife and obtained expartee divorce that his wife is not joing with him and marraige is not consumated so cleverly by sending notices to wifes vacate house and later the divorce was restored by wife

here the matter looks simple but he pain suffered by wife for one and half year that that husabnd left away and no communicatin and cheap menatlity regarding divorce is mental torcher waht step we should take regarding this people now the case is for tral for the dvc and 498a

is  non consumation of marraige is ground for divorce and also wife says marraige is consumated and husband say no how can we prove his cunning mentality and how to revel the pain to judges this type of cases damages alot as it looks simple but not simple
"

 there are number of grounds on which wife can take a plea

nitinjain (Manager-Legal)     24 December 2010

in respect to the above query, following are the pleas which wife can take in court of law:

1. since it was exparte decree: therefore under the principal of naturela justice -set aside the decree.

2. put a monetary claim for mental  harrasement, agony.

3. ask for alimony-- monthly  maintainance for wife.  

Gajender Singh (ca)     24 December 2010

how can wife prove that marriage was consumated??? or how can a husband prove that marriage was not consumated???

mrgop (Owner)     24 December 2010

Originally posted by :drrrrrrrrrr
"
how can wife prove that marriage was consumated??? or how can a husband prove that marriage was not consumated???
"

Is virginity test report a legally accepted proof of non-consumation of marriage? Can non consumation of marriage not because of impotency of either husband or wife be a valid ground for divorce? If marriage was not consumated and it was not because of impotency of husband and he is ready to iive together and consumate marriage, can wife get divorce on the ground that marriage not consumated over the one month life together after marriage.


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