• Seeking annulment

28 yr old doctor. Got married 7 months ago . It was an arranged marriage. In 7 months husband has not consummated the marriage, he did not even try forget about failing at it. On asking he kept sayinh he needs time. Now after 7 months when my parents found out about it he is clearly denying and says that he has and there is nothing wrong with him. On the contrary he is trying to spoil my name instead of being greatful that i chose to stay with him despite the weakness that he had which he did not tell me before marriage. Now he and his family do not want to acknowledge the problem and refuses to seek any kind of medical help to even diagnose the problem. 
I am still not sure if his family will accept their fault. I still want to seek annulment since its not my fault that the marriage did not work out .


Kindly help me with your expert opinion.
Asked 1 year ago in Family Law from Faridabad, Haryana
Religion: Hindu
1) you can file for annulment on grounds of impotency of husband under section 12 of hindu marriage act 

2) your husband will have to undergo medical tests to show that he is potent 

3) annulment has to be filed before expiry of one year 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
In the case of V. v. S. (supra), the Division Bench of this
Court has observed on the aspect of impotency and sterility by quoting
the passage from Modi’s Textbook on Medical Jurisprudence and
Toxicology, Twenty-first Edition. The said observations are as under :
"Impotence is defined as physical incapacity of
accomplishing the sexual act, while sterility means inability
for procreation of children. Impotence in males is the
persistent inability to develop or maintain a penile creation
sufficient to conclude coitus to orgasm and ejaculation. It
should be remembered that the term impotence or sexual
incapacity in forensic medicine connotes physical incapacity
to accomplish the sex act.
Impotence has been described in Halsbury's Laws of England
to be such a state of mental or physical condition which
makes consummation of the marriage a practical
impossibility.
An impotent individual need not necessarily be sterile, nor a
sterile individual impotent, though both conditions may
sometimes be combined in the same individual."

3) While dealing with cases of impotency the predominant
consideration   is   not   physical   incapacity   which   courts   are
often guided by, but another all important angle, namely, the
fact that non consummation of marriage, could be due to
several   circumstances   which   contribute   to   a   situation
whereby both the spouses, though physically and mentally
potent in the normal sense, find it impossible to achieve a
satisfactory   sexual   relationship.     The   concept   of   relative
impotency which prescribes that a person suffering from no
handicap whatever still feels inhibited or incompetent vis­avis
the particular sexual partner is now an accepted ground
for a decree in a matrimonial Court.”
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If your marriage is concerned under Hindu Marriage Act then you can file a suit for annulment of marriage under sec.12 of the Hindu Marriage Act preferable within a year.
Section 12 in The Hindu Marriage Act, 1955
Sec.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:? 
 12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or] 

But if your marriage in concerned under Special Marriage act then you can file a suit for annulment of marriage
under section 25 of the Special Marriage Act within a year.
Sec.25. 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; or
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. No one can be forced to give evidence against will, more so, when the same may be used against him.
2. You can apply for it anyway and if he refuses the court may take adverse presumption.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1) you have to in your petition mention that non consummation had been on account of his impotency 

2) your husband has to file detailed reply . If he admits marriage is non consummated and he is impotent you will get decree of annulment 

3) if your husband denies he is impotent he will have to produce potency test reports 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1) another option is to wait for another 5 months and file for divorce on grounds of mental cruelty 

2) refusal to have sex amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, you have to file a petition for nullity of marriage before the family court as the marriage is not at all consummated.

2. You have to file a petition for nullity of marriage with one year of your marriage. it is better you can file the petition with medical records so that it will help full for your case.

Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
If the marriage is not consummated and if you bring it in the notice of the court then court will give some more specific time to the husband to consummate the marriage. If still he fails to consummate the marriage then court would annul the marriage on grounds of impotency u/s. 12 (1) (a) of the Hindu Marriage Act 1955. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
1. You are entitled to file for annulment as your marriage has not been consummated.

2. His diagnosis and prognosis reports, if any, will have to be produced in the court to prove his impotency.

3. The court can order him to undergo medical tests to ascertain your claim, but this may not be required if you have his medical documents in your possession.

4. You do not require to provide any medical evidence of your own. 

5. You may also seek heavy compensation from him for being kept in dark in regard to his sexual health. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
You do not have to force him to undergo any medical test to prove his impotency.  You can simply file a case to annul the marriage and pass a decree and judgment under decree of nullity on the grounds of non-consummation of marriage due to his impotency. 
Upon he challenging your case n the court you may petition the court that you are ready to prove yourself to be medically fit but it was he who totally avoided the conjugal relationship and consummation of marriage for the reason of his impotency and he is to be produced before a medical attendant medical examination to prove his potency. 
This will certainly make him feel guilty and to avoid the embarrassing situation, he may even skip the appearance before court and you can easily get an exparte decree.
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
5.0 on 5.0
Thanks for your appreciation 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
As already opined, you do not have to force him to undergo any medical test to prove his impotency, just make allegations (even if it is wild without any evidence), let him defend it, then you have a chance to demand him to undergo medical test/examination to prove your pleadings.
You are most welcome for your appreciations. 
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
5.0 on 5.0
Wish you good luck in your legal pursuit.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
1. You can file a case for annulment of marriage on the ground of his impotency,

2. If you can prove medically that there was no consummation of marriage between both of you then your case will certainly be stronger,

3. In that event you certainly pray before the Court for direction upon your husband to get his potency tested.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Hes, you can seek direction upon him to submit potency certificate from a Govt Hospital as advised in my earlier post,

2. If you can additionally establish that you are still a virgin then he Court will be influenced pass the said direction upon your husband and he will have no answer for not consummating the marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
You are welcome.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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