• Annulment of marriage

I am 30yr old doctor.i have filed a case of non consumation of marriage due to wilful refusal by my wife.i have filed on the 8th month of marriage.she has replied in the court of law stating that though we lived in a same room so nonconsumation is not possible.moreover she is not coming for reconciliation.already two dates have missed.at this moment what should i do? What are the next steps?
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1.If wife does not participate in the reconciliation then the court can fix the next date of trial.

2.Your wife is likely t deny the non consummation of marriage since she is contesting your case.As You have filed the suit for nullity the burden of proof lies upon you to prove non consummation of marriage.

3. You can apply in high court for speedy trial of the suit and if you wish to seek my assistance in speeding up the case I carender all possible help.

Good luck.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

you cna file for anullment on grounds of impotency of wife

2) it is diffcult to prove impotency

3) your wife has denied that marriage has not been consummated

4)wife medical examination is necessary to prove that she was impotent

5)if wife is not appearing in court then counsellor would send report that mediation has failed

6) yopu have to prove during trial that wife is impotent which is herecualean task

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

She need not be present all the time. If she does not come to attend reconciliation you can ask court to discontinue reconciliation and fix the case for your evidence.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

if your wife remains absent and doers not attend court you would get exparte decree within period of 2 years if you are able to prove allegations made in your anullment petition

Ajay Sethi
Advocate, Mumbai
96760 Answers
7804 Consultations

You cannot force for reconciliation.

She has to voluntarily agree for this otherwise even medically you cannot prove that the marriage was not consummated.

You have to think about any other source to prove your alegations on which rely upon for this case.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Please clarify about trial...if she continuously absent then how long i will wait?

If she is continuously absents herself then you may request the court to pass exparte order based on the evidence you may depose before court.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

Dear Querist

non consummation of marriage is not a ground for annulment but if the marriage is non consummated due to impotency of the opposite party as per section 12 of Hindu marriage Act-1955, if there is any impotency on her part then only the annulment decree can be granted by the court.

it will be better to withdraw the annulment petition and filed the divorce petition based on cruelty U/s 13(1)(ia) of Hindu marriage Act-1955 as non consummation of marriage or refusal to consummate is amount to cruelty and based on this divorce can be granted.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

1. Merely because the spouses lived in the same room does not mean that the marriage has not been consummated. However, the onus to prove that it has not been consummated is on you, which will be practically impossible.

2. If she does not appear before the court personally or through lawyer then court may proceed ex parte against her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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