There are two ways to legally end a marriage – annulment and divorce. Annulment is a legal procedure for declaring a marriage null and void. 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. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife) is one of the ground for annulment.
Please do understand that your wife is staying away from you is not a ground for filing an annulment. The marriage implies an implicit right to conjugality or consortium or Sexual intercourse. Right of consortium implies the corresponding duty of each spouse to cohabit with the other. The mutual right to several intercourse continues throughout the entire period of marital life. However, if the very foundation of marriage, namely, the mutual right of consortium is absent, the very purpose of marriage is defeated. In such eventuality, Law prescribes (a) Divorce or (b) Decree of Nullity depending upon several factors. But whether it is Divorce or Decree of Nullity, result is same; marriage stands dissolved and conjugality or consortium or sexual intercourse becomes unlawful as parties remain no more husband and wife. A person may be disabled mentally or physically for some other activity of life will not mean the person is disabled for sexual activity.
Section 30 prescribes Decree of Nullity if marriage is not consummated because of natural causes or impotency.Section 32(a) prescribes Divorce for willful refusal to consummate the marriage. In Section 30 and Section 32(a) 'Non-Consummation of Marriage' is really the Ground and 'Separate Living' or 'Not-Living-Together' is only incidental. But in Section 32(h) and Section 32-A, the 'Not-Living-Together' or 'Separate Living' is really the ground and non- consummation is only incidental.
A wife is not entitled to any allowance if she, without sufficient cause, refuses to live with her husband. Marriage throws an obligation on the wife, to live and co-habit with her husband. Only on reasonable grounds she is justified to live separate from him. Neglect, cruelty, ill treatment, impotency, extra-marital relationship, remarriage are sufficient grounds to justly separate living by a wife. The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony.
Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey J gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.
Immediately send a legal notice to your wife and ask her to join you in marital life. If she does not join with you then file for Annulment of Marriage.