Non-consummation of marriage a ground for nullity
My Brother got married on may 2015 (Dowryless marriage) . Immediately after marriage he received some anonymous postal letters, stating that his wife has bad character and stuff like that.
Later on he asked his wife about these letters and she showed her ingnorance about letters and denied having any know how.
Matter was even being discussed between two families.Girl spent only one week at In laws house and since then is at her parental home.
But on last week of august, girl filed 498a complaint against whole family of inlaws. Bail has been granted in 498a case.
We even filed petition for FIR quash in High Court.
Case is lodged in J&K as girl belongs there.
Following are key points of FIR as per compaint filed by girl:
1. A day after marraige whole family of boy asked for dowry and some big amount.
2. we had to cancel booking of TV, Fridge, Motor Cycle etc as boy's father wanted dowryless marriage
3. Boy's family put pressure on him to not to " Consummate marriage" untill dowry demands met. Till date marriage not consummated
4. On a particular date of month of july, whole family of boy came to our house and took away jewellery of girl.
Question:
1. On the ground of Non Consummation of marriage, can we go fur nullity of marriage?
2. Its mentioned in girl complaint that they wanted to give some articles like TV, Fridge, Motorcycle ..Isnt that offence?
As both giving and taking dowry is offence in Dowry prohibition Act?
regards
Asked 8 years ago in Family Law
Religion: Hindu
Sir/ Mam,
Thnx for response..
Following is extract from Girl Complaint and FIR:
1. " That prior to marriage the accused no 2 who is the father in law of complaintant sent a message to complaintaint father that they want a dowryless marriage as a result of which booking of articles which included motorcycle, Refrigerator and cooler etc was cancelled."
2."That after the marriage when complaintaint reached her matrimonial house the accused no 3 who is mother in law of complaintaint started taunting the complaintaint that they had only asked not to bring the aforesaid articles and on the contrary all the accused persons said who were present in house for completion of marriage ceremonny started saying that they have demended cash amounting to 20 lakhs and gold ornaments. "
3. "That accused's family (boy's family), asked the accused (boy) to desist from consuming the marriage and categorically said that marriage will only be consummated after the completion of aforesaid demand. It is mentioned here that till date due to this reason the marriage has not been consummated till date"
Question; 1. Does point 1 make ground under dowry prohibition act as they themselves were ready to give dowry ? pls give reference to supporting judgements..
2. Is point no 3 a ground for Nullity of marriage..What about girl impotency , what is that and how that can be proved..
Pls answer with supporting Court judgements if possible. All the above allegations are a bunch of lies and idea is to put counter case against them ....pls advise...
Asked 8 years ago