• Non-consummation of Marriage

I had an arranged marriage to a guy 3 years back. Till date, the marriage never got consummated. Initially he would attribute it to my anxiety and stiffness but we both have undergone a hoard of medical tests and everything is normal still, my husband just can't perform. I hid this thing from my parents for an year but once I disclosed it, they helped us because i do not have an FIL. However, even after all this, things didn't approve. I used to stay with husband and MIL and my husband is obsessed about his mother and an older married sister (she stays in Mumbai-got married 16-17 years back). This non-consummation was affecting me very seriously however, my husband always took it casually saying it is very normal and we have our whole life for it. Thrice my pent up frustration lea to very ugly fights between me and DH which were fuelled by the involvement of my MIL & DIL and came to parents but every time I would go back after a few weeks in the hope of saving my marriage. However, this is the 4th time that I have come and have come for good. I just can't continue the rest of my life with a man who is declining me to provide with the basic marital right and for him this is not even an issue. Since the marriage never consummated, we never developed a bond I suppose. I was living in denial all these days and was convinced that consummation was an over-rated issue however, I have now come out of the denial. My parents are retired and are providing me with full support. However, I don't want to turn this separation into  a nasty affair because already I'm under a serious psychotherapy. I have no idea how to take things forward. I want my jewellery and also want to claim damages. Seek your guidance please.
Asked 7 months ago in Family Law from New Delhi, Delhi
Religion: Sikh
1) file for divorce by mutual consent . It would take around 6 months 

2) if yiur husband refuses divorce by mutual consent file for contested divorce on grounds of mental cruelty 

3) refusal to have sex amounts to mental cruelty 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
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1) if your husband refuses to return your jewellery you can file 498A case against him 

2) you can claim compensation for mental torture undergone by you by filing DV case 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Dear Concerned,

Here are 2 options/situations for you 

1) Start texting and talking to your husband, go back to your matrimonial house, try to be nice followed by speaking to your husband about mutual separation. Also, on pretext of some marriage or something(not immediately) try taking control of the jewelry which is at your matrimonial house, followed by mutually divorce as per agreed terms of separation.

2) As the marriage has never been consummated and you are currently at your parents house, file for nullity of marriage and claim the damages, Streedhan, expenses incurred in the marriage etc. and go for separation.

Please remember any form of contested divorce, be it filing of nullity or cruelty it would take an undefined time by the Court to settle out. However, Mutual divorce comes with defined timelines. 

For any further queries feel free to connect.
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
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1) in mutual consent divorce you will only get what is mentioned in consent terms 

2) yiu won't get damages 

3) ask your husband for alimony 
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
1. Mutual separation is possible only if there is a positive agreement between both of you to end the marriage amicably by filing for mutual divorce. If he does not agree to this then the only remedy for you is to file a petition for dissolution of marriage on the ground of cruelty as denial of sex is anathema to a marriage. 

2. In so far as compensation is concerned you can file a case for domestic violence to claim it. The claim is to be decided in the light of the overall conduct of your husband proved in the court.

Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
However, I don't want to turn this separation into  a nasty affair because already I'm under a serious psychotherapy. I have no idea how to take things forward. I want my jewellery and also want to claim damages. Seek your guidance please.

You can file a divorce case on the grounds of non-consummation of your marriage and can mention his impotency as a reason for this.
You can seek maintenance or even one time settlement under section 25 of HMA a huge amount proportionate to his income and economic background.  You can seek return of your articles under section 27 of HMA which shall include your jewels too.
You can also file a separate case for maintenance under section 125 cr.p.c. 
You can even file a domestic violence case seeking compensation and return of your articles. 
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
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I want to go for mutual separation and I'm hopeful that my husband would also be alright with it but then do I get to claim damages? If yes then how much? How is this calculated?

If he is agreeing for mutual consent divorce, then demand a huge amount as one time settlement or compensation.  You can judiciously calculate the amount based on his economic background and other sources of his income.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0

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