Alex (Business) 28 February 2009

non consumation of marriage

H and W lived together for 15 days after marriage. They had no s*x in those days due to some quarrels. But both are medically fit to have s*x. Then, she went to her home and filed a divorce petition after 1 week asking for non-consumation of marriage bcoz they had no s*x in those days and H is impotent. In the court she says she is still virgin bcoz her hymen not broken. But husband is ready to undergo medical test to prove his ability and claims he had s*x with her in those days. So, if she proves that her hymen is not broken, will court declare it as non-consumated marriage even if hudband is capable for s*x? Who will be sent for medical test by court? Husband/wife or both? Will court declare that she had no s*x ie. virgin if her hymen not broken? plz help

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NANDKUMAR B. SAWANT.,M.COM.LL.B.MUMBAI, ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE QUESTION ABOUT DIVORCE MATTER KINDLY NOTE THAT

1. DIVORCE PETITION IS FILED UNDER THE HINDU MARRIAGE ACT SEC.13 AND IT IS A CIVIL COURT MATTER. POLICE CAN NOT INTERFER IN THIS MATTER.

2.WIFE CAN CLAIM MAINTAINENCE FROM HUSBAND AND ALSO PERMANENT ALIMONY THAT IS ONE TIME PAYMENT FOR MAINTAINENCE FROM HUSBAND UNDER PROVISIONS OF SECTION 24 OF H.M.ACT.

3. IN THE PROBLEM MENTIONED BY YOU , KINDLY DONOT GET SCARED. JUST FILE WRITEN STATEMENT ALONG WITH AFFIDAVIT OF HUSBAND AND DENY ALL ALLIGATIONS MADE BY WIFE. KINDLY ALSO PRODUCE A LIST OF DOCUMENTS IN SUPPORT OF YOUR SAY.

4.IN CASE YOUR WIFE FILES ANY APPLICATION FOR MEDICAL TEST.KINDLY NOTE THAT THE BURDEN OF PROOF IS ON WIFE AND IT IS NOT THAT EASY TO PROVE THE FACTS. LOT OF COST IS INVOLVED AND EVEN IF APPLICATION IS FILED BY OTHER SIDE ,HUSBAND CAN STRONGLY OPPOSE THE SAME AND COURT ORDERS CAN BE CHALLENGED AT DIST AND SESSIONS COURT/HIGH COURT /SUPREME COURT. THIS WILL INVOLVE SEVERAL YEARS AND THERE ARE CHANCES OF COMPROMISE BETWEEN HUSBAND AND WIFE DURING THE MEAN TIME.

5 KINDLY DONOT GET WORRIED AND DONOT UNNECESSARILY INVITE TROUBLE BY INSTIGATING OTHER SIDE .BECAUSE TO BE VERY FRANK MOST OF THE LAWS ARE IN FAVOUR OF WIFE. AND IN CASE CRIMINAL COMPLAINTS ARE FILED AGAINST HUSBAND AND HIS FATHER MOTHER, BROTHER AND SISTERS THE ENTIRE FAMILY MAY SUFFER HARDSHIPS.

6.BEST THING I SUGGEST IS TRY TO COMPROMISE IF POSSIBLE .ORELSE JUST DELAY THE MATTER SO THAT IT MAY GET COMPROMISED AFTER SOME TIME IF BOTH THE SIDES COME TO KNOW THE MISTAKES AND REALITIES OF LIFE AND FINANCIAL DEPENDENCE ON OTHER FAMILY MEMBERS OF WIFE. NO ONE WILL BE INTERESTED TO SUPPORT FINANCIALY AND AUTOMATICALLY COMPROMISE MAY BE POSSIBLE DUE TO PASSAGE OF TIME.

7.IN CASE COMPROMISE IS NOT POSSIBLE THEN JUST GET RID OF THIS PROBLEM AND LET COURT DECIDE THE MATTER IN THE INTEREST OF JUSTICE.

6KINDLY SEND DETAILS IN CASE FURTHER HELP IS REQUIRED.

THANKING YOU

WITH BEST REGARDS

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE.