Non consumation of marriage

Sorry Non consumation of marriage is not a defence for 125, you will have to take other defences.

For 125, to be wife is enough. Consumation not necessar. Non-consumation if assgned to wife amounts  to ctuelty and a ground for divorce.

If the non-consummation is owing to impotence of the petitioner/respondent as the case may be, and the fact is impotence is concealed at the time of marriage, the marriage is void, in such case there is no obligation to maintain spouse.

As my Lawyer was suggesting me to get a medical certificate from any doctor, to prove the non consumation of marriage i was having this doubt. Till date our marriage is not conumated nor i am an impotent, this i will be using in my divorce proceedings once i come out of this 498a and Cr.Pc 125 cases.

Victimof498

What will a medical certificate will prove ?  ? you did not have s*x or you were virgin ? Question is , did your wife deny you s*x and if yes did she have a genuine reason. (Mumbai HC). Medical certificates can prove physical fact like potency , virginity , but suppose you are not virgin, how will the certificate prove that you did or did not have s*x wih a particualr females called your wife  Pl keep cool. Defend 125 . Even non submission of s*x is a mitigating ground.

You, husband, can not prove that the marriage was not consummated if wife refused to admit it. Court can not force a girl for virginity to prove nonconsumation as virginity may be lost due to some other reasons also. Evenif you are really impotent, its the wife to file for divorce on that ground.So, in your case, its almost impossible to prove without wife's corporation that the marriage was not consummate.