• 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 1 year ago in Family Law from Chandigarh, Chandigarh
Religion: Hindu
Non Consummation of marriage is not a ground for divorce and wife's bad character is also not a ground for nullity of marriage and divorce. giving and taking of dowry is an offence but they want to show that cruelty is committed from bridegroom side. it is totally fabricated allegation. you have to file application under section 482 for quashing. A presumption may be in your favour, in catena of judgments held by the court that living a few days in matrimonial home does not constitute a fact that cruelty is committed in this short span of time.
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
1) both giving and taking dowry is an offence under dowry prohibition act 

2) you can file for annulment of marriage if marriage had not been consummated on account of impotency of wife 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1) Giving or taking dowry is an cognizable offence and punishable up to 5 Years

2) you can file complaint against your father in law for giving dowry as it prohibited under Section 3 of Dowry Prohibition Act.

3) if police refuse to lodge FIR lodge complaint under section 156( (3) before magistrate to direct cops to investigate and submit report 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Hi, you can file a petition under section 12 of the Hindu Marriage act, declare that marriage has not consumed so grant a decree of divorce but simple allegation in the complaint is not itself sufficient  to file a petition under section 12 of the Hindu Marriage Act, you have to prove your case on the basis of independent evidence.

2. Under Dowry prohibition act giving and taking of dowry itself is an offence they have to prove that you have demanded the dowry if they fail to prove before the court that you have not demanded the dowry then their case will be dismissed by the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Non consummation of marriage is indeed a ground for nullity of marriage though it is very difficult to prove if both the spouses were sexually active before the marriage,
2. Giving dowry is offence only on theory and hardly any action can be taken on this. So forget this issue and resolve the dispute amicably , else 498A case is very much in the offing.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
4.9 on 5.0
1. Non-consummation of marriage is a ground of nullity of marriage, but it has to be proved that marriage was not consummated due to the refusal of the wife. Proving non consummation of marriage is very difficult if the wife was habituated to sexual intercourse before marriage. 

2.  Giving articles is not an offence as articles do not come within the sweep of dowry.

Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
. On the ground of Non Consummation of marriage, can we go fur nullity of marriage? 
If she has stated that the marriage has not been consummated then with the help of that evidence you can file a marriage annulment case on the same grounds, let she defend her own statement, because if she denies it, then her whole 498a case can be treated as false and you can get acquittal easily on the said reasons. 

2. Its mentioned in girl complaint that they wanted to give some articles like TV, Fridge, Motorcycle ..Isnt that offence?
TV fridge and moto cycle do not come under dowry demand


As both giving and taking dowry is offence in Dowry prohibition Act?
Giving dowry is no doubt an offence under section 3 of the act. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1) no dowry has been given by your in laws no case under dowry prohibition act is made out 

2) no case for annulment of marriage is made out . 

3) it is very difficult to prove impotency . It is the physical inability to have intercourse 

4) your testimony itself is not sufficient . Wife physical examination would be necessary 

5) your best option is yo file for divorce on expiry of one year of marriage on grounds of mental cruelty 

6) refusal to have sex  amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1. Does point 1 make  ground under dowry prohibition act as they themselves were ready to give dowry ? pls give reference to supporting judgements..
The articles that they purported to give it to their daughter do not constitute any ingredient toward dowry or its demand.So the question of dowry whether demanded or not due to this does not arise.



2. Is point no 3 a ground for Nullity of marriage..What about girl impotency , what is that and how that can be proved
For proving her impotency she has to be subjected to medical examination on the basis of your suspected allegation of her impotency.  If you alleging her to have an affair with some other guy outside marriage, this logic will be defeated. However to defend her case or  statement that the marriage was not consummated due to non-fulfillment of dowry demand, your brother can state that owing to her affairs with a boy before marriage, she refused to consummate the marriage with him during her very brief stay of hardly a week and she actually fled his house to avoid being detected about her previous affair but now to pretend before her parents and other relatives she has come with the drama of a case with false allegations.  Since you have already filed  case for quash  before high court, yo may wait for the outcome, if the result is not favoring you, then you may defend the case in the trial court based on the above mentioned strategy to defend the case. 
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. Readiness to give dowry does not amount to actual demand or giving of dowry. So this is of no help.

2. The husband can file for annulment on the ground that the marriage has been consummated.

3. Dont ask for judgments. You are a layman, so judgments seem very attractive to you, but as you will realise in the court soon, they are not  
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0

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