1. Though non consummation of marriage is a ground for nullity of marriage but it is very difficult to prove , more so, if the other deny this.

2. Rather I would advise you to fie suit for divorce on the ground of mental cruelty wherein you can mention this incident of refusal to have sex with you.

3. I think since you do not want her back then without waiting for her action you proceed to file a suit for divorce.

4. After so many years if she files case u/s 498A IPC that is unlikely to carry much wait and you should not get problem to get bail.

5. if you propose for mutual divorce then my reading is they would come up with hefty demand. So better avoid to make this proposal right now.

1. You can apply for nullity on the ground that marriage has not been consummated. However, it will be a borderline case in as much as your wife will deny that marriage has not been consummated.

2. You can file for divorce on the ground of cruelty as the marriage could not be consummated owing to your wife's refusal. This would be a more prudent approach.

3. Your wife has walked out of the matrimonial home without any incident of cruelty on your part, so she does not qualify to get alimony. Do not give in to her demands. Let her initiate the required proceedings in the court and you can contest it on merits.

4. As and when you file for divorce your wife can contest the divorce proceedings.

5. She may also hit back by filing domestic violence and dowry harassment proceedings against you. If she does this you should seek bail whenever and wherever required so that you are not arrested and put behind bars.

1) you should have applied for annulment in first year of marriage

2) you cannot apply now and your only option is to apply for divorce on grounds of mental cruelty .

3) refusal to have sex amounts to mental cruelty .

4) in case you file for divorce your wife may file 498A/ DV cases against you . in such a case you should apply for AB in 498A case

5) please note that contested divorce cases take some years to be disposed of . mutual consent divorce would be ideal as it can be disposed of in 6 months

Hi, you can file a petition for divorce on the ground of the cruelty and not consummated marriage as refusing to have sex is also amounts to cruelty you have a good ground to file a petition for divorce.

1, The ground for annulment should better be avoided.

2. Even if you do not file divorce , then also she can file those cases.

3.Even if you do not file divorce suit then also she can claim maintenance staying at her parental place.

1. You have not mentioned whether you marriage has never been consumated or that she is just refusing to be physical with you,

2. It will be difficult for you to prove that your marriage has not been consumated due to her refusal when she is also alleginging your impotence,

3. You have not mentioned why did her parents taken you to doctor and if it is for testing your potency, what is the examination report furnished by the said doctor,

4. If the impotency factor is taken care of by you, then you can file a divorce suit on the ground of cruelty,

5. Be prepared for her filing DV case and complaint u/s498A against you which you shall have top contest fittingly.

1) in my reply to your query it was clearly mentioned that contested divorce proceedings take some years to be disposed of .

2) your wife has refused to have sex with you for 7 years . wilful refusal to have sex amounts to mental cruelty .

3) if in response to divorce petition your wife agrees to stay with you it is not necessary that you should agree . you can very well argue that you have waited for 7 years and you have no intention to continue to pander to her whims and fancies .

4)even if you dont file for divorce your wife can file 498A / DV cases against you .

5)your wife can claim maintenance even if you dont file for divorce

1. No consumation will be difficult to prove medically, so file divorce suit on the ground of cruelty,

2. She can file DV & other cases/complaints even now and filing such cases after your filing divorce suit will be considered as retaliatory measure by the Court,

3. File the divorce suit as advised and counter DV and 498A complaint fittingly,

4. Now a days, it is easy to get AB for 498A complaint and once you get AB, 90% battle is over.

Dear Querist

The annulment is very difficult because the main reason should be impotency of the respondent which can not be proved easily. so forget about the annulment.

refusal for sex comes under the cruelty and on this ground you may file a divorce petition against her before court u/s 13(1)(ia) of Hindu Marriage Act along with section 13(1A) of HMA.

after filing the divorce petition if she filed any case against you then it may be possible then her case's consider as counterblast cases and the court may think that her cases are fake and fabricated, to take revenge only.

as per my opinion if there is no return and there is no chance to save the marriage then immediately file divorce petition against her before family court and fight the case on merit.

Hi, even though you have not filed a petition for divorce on the ground of annulment of marriage she can file a petition for maintenance and also lodge a police complaint under section 498/A of the IPC.

2. You can file a petition for annulment of marriage on the ground that marriage has not consummated.

1. The court will not obligate you to consummate the marriage with your wife if she states that she is willing to do it. This being said, for reasons mentioned in my previous reply, it will be better for you to seek divorce instead of annulment. You can state that you have been denied sex for 7 years and now you are not willing to stay with your wife anymore, whereupon the court will try the case on merits.

2. She can file all the cases which she can file under the law of the land. You would be given an opportunity to contest them on merits.

3. You have to take the call on whether to file or not to file for divorce/nullity. For her to file for maintenance and 498A it is not necessary that divorce proceedings should have been initiated in prior by you.

4. No case stretches to 4 years without a movement.

You cannot seek annulment now after laps of more than one year of your marriage.

You have to file for divorce citing cruelty as ground and clearly narrate the factual back round with specific emphasis on how many days/months she lived with you.

As a counter attact she may also file criminal cases against you on her native place which you can't stop.

But filing divorce case in Bangalore gives you two fold advantage (1 ) if she file 498a or DVcase against you, you can take defense of "revenge complaint" claiming that, as you have filed divorce case on the ground of cruelty as counter attack she has filed case against you.

(2) she has to contest the divorce case here in bangalore or she has to approch supreme court for transfer of case to her place of residence.If she fails to contest your divorce case, you may get ex parte divorce decree.

During this process she may soften her stand and may agree for mutual consent divorce with lesser alimony. All the best.