wife can file for annulment within period of one year of marriage on grounds that you are impotent 

2) if you dont contest court would grant wife annulment decree based on evidence on record 

If you are capable of consummating your marriage now after surgery, I would advice you to give you marriage a second chance. Take a vacation along with your better half and try to ease into the relationship.

Hello, 

1)  The non consummation of marriage is either caused by medical reasons or your mental status and therefore you cannot take advantage of that situation to get the marriage annuled.  

2)  You will have to wait fir the completion of one year of the marriage to file for divorce. If your wife is agreeable for divorce,  you can file for divorce by mutual consent after 1 year of the marriage. 

Dear Sir,

You may get divorce on the basis of following judgment.

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HINDU MARRIAGE ACT

NON CONSUMMATION ACT

12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- (a) that the marriage has not been consummated owing to the impotency of the respondent; or (b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or (c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. 2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

See on this ground you cannot go for annulment you need to wait for year or can seek permission from court to file divorce on ground of cruelty . You can file divorce before one year if the court allows the application.

You may get annulment on above grounds in family court

Dear client,

Physical deficiency to consumate, valid group d for her not you.

Within one year , it can be file where party going to eternal hardship to continue marriage.

No, you can go for annulment of marriage as you have not consummated yet and not happy in married life.

annulment due non-consummation is possible if either of the spouses is physically incapable to have sexual intercourse at the time of the marriage;

but in your case, you are not involving in sexual intercourse due to your disturbed mental position,

but,

in fact,

none of the party is unable for performing sexual intercourse medically, therefore annulment is not possible.   

if u have strong reason that there was unavoidable circumstance so u cannot file for annulment within one year. but u both r ready for divorce the n go for mutual divorce. it is easiest way to get divorce. after filing mutual divorce u will get divorce in six months. 

Dear Sir,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.

 The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Since the problem is with you, perhaps your petition seeking annulment may not be proper, alternately she can file a petition seeking annulment of marriage for  non-consummation of marriage owing to impotency.

You may talk to her to file a petiole in this regard and you will fully cooperate for getting it disposed in her favor.

If she is not agreeing to it then you may wait for the completion of one yer period to file a contested divorce on the grounds of cruelty