• Non-consummation of marriage

I married 5 months ago I recently found that she is taking medicine for physcotic disorder. I asked about this to her parents and they admitted it. Now her parents accepted give me a divorce. So we met a lawyer and he said that we can easily get a nullification stating the marriage never consumated. Is it a good opinion.
Asked 7 years ago in Family Law
Religion: Christian

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12 Answers

1) you cannot file petition for divorce after expiry of 5 months from date of marriage . You can only file for divorce on expiry of period of one year

2) you can file petition for divorce on grounds of cruelty

3) refusal to consummate marriage amounts to cruelty

4) on grounds of impotency of wife you can file petition for anullment of marriage

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Yes, it is a good option since mutual divorce is not possible beofre one year from the date of marriage.

2. So either you or she can file a suit for nullity on the ground of non consummation of marriage which the other aprty will have to admit. once that is done the court can grant decree on admission of fact.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hello,

First of all for filing a mutual consent divorce, it is mandatory to have a 1 year of marriage and since you have just completed 5 months it will not be god to file a mutual consent divorce on ground of non consumation of marriage. However, if both of you are now ready to get the divorce then it is advised that you start living separately and then proceed for mutual consent divorce as soon as you complete one year of marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Dear Querist

If the marriage is not consummated due to impotency of opposite party then only the marriage can be annulled otherwise not.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Yes, you can but not on this type of No objection, either opposite party accept the fact of impotency or did not appear before the court after receiving the summons from the court then court passed an exprty order in your favour.

Simply No objection may presume collusion between parties.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If wife does not contest the anullment proceedings you can get exparte order declaring marriage a nullity

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Only ground that the marriage has not been consummated is not sufficient for seeking the decree of divorce.

2. It shall have to be proved that marriage has not been consummated because of impotency of the husband and physical incapability of the wife to have physical relationship.

3. In your case, you can file an annulment petition on the ground that your consent for the marriage was taken by suppressing the vital fact that she is under psychological treatment and drugs and had the said fact would have been informed to you, you would not have married her.

4. If she does not contest, you will get the decree for annulment of your marriage.

5. Alternatively, you both can jointly sign a mutual consent divorce petition on acceptable terms whih will be disposed of by the Court with in 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Only no consummation without showing the reason will not be an acceptable ground for seeking decree of divorce.

2.You shall have to state that the said non consummation is due to her taking psychiatric drugs, as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Yes you can file a divorce suit for non consumation of marriage but it will not be a mutual divorce petition under Section 13B.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. Instead of getting a declaration of nullity you can opt for mutual consent divorce which is a bilateral proceeding and which also does not involve making any allegation against the opposite spouse.

2. You alone can file a petition for nullity, which she can contest once she receives summons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Now her parents accepted give me a divorce. So we met a lawyer and he said that we can easily get a nullification stating the marriage never consumated. Is it a good opinion.

Since your marriage is not competed even one year, it would be better that you go or annulment of marriage.

nonconsummation marriage due to her refusal and impotency would constitute a valid reason for annulment

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Can I get a nullity on the basis of non consummation if the other party has a no objection

If the opposite party is not objecting to your allegations on this and admit the allegations, the annulment petition may be allowed and decreed as prayed for .

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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