1)section 25.SMA Voidable marriages.—Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,—

(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;

2) in reply to the petition filed for nullity respondent would deny the allegations . mention that he was willing to consummate but wife declined to have sex

3) better option is to file for divorce on grounds of cruelty

4 refusal to have sex and consummate marriage amounts to cruelty

5) statement of the parties that they have been staying separately since registration of marriage should be sufficient to prove they are staying separately

1. if the mariage is not consummated then suit for nullity can be filed.

2. Howeevr since non consummation of marriage is very difficult to prove it is advisable that they go for mutual divorce.

3. If either of the two does not agree then I advise to file divorce suit on the ground of mental cruelty and desertion.

4.Staying separated can be proved by the evidence of the family members.

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Conditions of the annulment of the marriage are:

a. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b. It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d. The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e. The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f. The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

Proving of Non consummation of marriage is very difficult.So better to file a case for divorce under the ground cruelty .

she has to file petition under section 25( i ) of special marriage act that marriage has not been consummated on account of Respondent willful refusal to consummate the marriage

2) she can enclose her medical reports to prove she is a virgin

For nullity it is non consummation of marriage which s rerquired to be proved.

Of her husband denies then unless the girl is virgin it would be medically impossible to prove this fact.

1. A petition for nullity cannot be presented unless the marriage has not been consummated due to the impotency of the spouse. She has to file a petition for divorce. If they are both into a positive agreement then they may file for mutual consent divorce.

2. A simple statement in the petition that spouses are residing separately shall be sufficient.

In the following ground as enunciated in section 25(1)

the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or

As a bride, the statement on oath in the court proceedings about consummation of marriage is taken as correct and held as duly proved as wife is a competent witness under S. 120 of the Evidence Act.

You can contact me for further details or consult a local lawyer

Regards

1. File petition under s. 25(1) SMA on the ground of non-consummation.

2. Statement of wife is sufficient to prove that she is living separately and the marriage was never consummated in light of s. 120 of the Evidence Act.

3. Case will be filed under s. 25 SMA.

1. She can file a divorce petition on the grounds of desertion, non-consummation of marriage, non-cohabitation and cruelty. It is barred by limitation for filing a petition to seek annulment of marriage by a decree of nullity at this stage.

2. Oral pleadings is enough, there can be no proofs to prove this or else if they both reside in separate places, then their proof of residences may be produced to prove their pleadings.

3. Dont worry about the section, your advocate will take care of the provisions of law in this regard.

but my friend is the women who wants divorce in form of nulity..

if she files the suit what will be the ground for voidable marraige and how to prove?

She may be having plenty of desires but whether thy are enforceable in law has to be seen.

She cannot file a petition seeking nullity of their marriage at this stage, she can file a divorce petition seeking to dissolve their marriage