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Non consumation marriage
4 years ago
I got married on 1 dec 2019.i stayed with my partner for 50 days.he was not able to consumate the marriage.i was able to understand is medical problem so asked him to come to hospital which he neglected.he use to quarrel with me everytime to avoid intimacy.He asked for transfer to his hometown without intimating me he plan to move when i asked about this he beated me and gave police complaint as i gave sex torture,beated him,having affiar.police officers did one sided discussion and asked me to leave the job and go with him to his native.
Suneel Moudgil
Responded 4 years ago
A.if you want to remain in the matrimonial relationship, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court, (his medical problem is curable)
and,
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since marriage is only 5 months old and a separation of one year is mandatory for filing the MCD, therefore, you cannot opt for the MCD right now but you can prepare for the MCD)
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim:
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
and,
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since marriage is only 5 months old and a separation of one year is mandatory for filing the MCD, therefore, you cannot opt for the MCD right now but you can prepare for the MCD)
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim:
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, maintenance,
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A.Dear Madam,
You can immediately file divorce on such grounds and make him undergo medical test. You will get huge alimony and if you wish you can file cheating case against him and his family members. You are sole decider. Please give me Rank 5 if you feel my answer helped you.
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"No consummation of marriage is a valid ground for Divorce" says Bombay High Court
The Bombay High Court in another landmark judgment has ruled that “non-consummation is a valid ground to declare marriage as null.”
The present case dates back to 2009 when the woman was 21 and the man was 24. According to the woman, the man had got her to sign blank documents and even took her before the registrar, but she did not realize it was marriage documents. The couple from Kolhapur (Maharashtra) has been fighting litigation since the day they got married in 2009. The woman claimed that the man had fraudulently married her by getting her to sign on blank documents. She had sought that the marriage be annulled, while he had opposed it.
However, the judge said that there was no evidence of fraud. But, since there was no proof that there were sexual relations between the couple the Judge struck down the marriage.
The Court said “One of the most important objects of marriage is a regularization of sexual relationship between the couple, and in the absence of such a relationship, the object of marriage is lost. However, even a single incident of sexual intercourse results in the consummation of marriage.”
“In this case, when the couple did not even live together for a single day and no evidence has been shown by the husband when he claims that there was a sexual relationship, then in the absence of such evidence, the woman institutes the case of non-consummation of marriage.”
Apart from this, the husband had claimed that the couple has had sexual relations and the wife had even got pregnant, but the court pointed out that no evidence of the gynecologist, about the pregnancy test, had been presented to the court. Moreover, the court said that it had tried to advise the couple to settle their differences but had failed.
Yes you should ask for the divorce on account of after marriage you realized that the boy is of unsound mind which was hidden from you at the time of marriage.
You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.
However see the chances of an amicable settlement and ask him for one time alimony.
File for mutual consent divorce.
The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity from the allegations of impotency and history of treatment of his mental illness.
To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.
There is no quantumn of alimony can fixed for if you are not mutually agreeable to it.
As such no court orders an alimony on its on based on any criteria without applying and fighting for it.
In mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.
The alimony is the monthly subsistence allowance given to wife, if she cannot maintain herself after the divorce.
once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income, this is asked and ordered on the monthly basis and if parties prefer it they can settle it as onetime payment of alimony.
This also means that after the divorce a wife has to be maintained as per the living standard of her husband. If a wife is earning and capable of maintaining her standard of living like when she was with her husband, her claims of maintenance/ alimony generally defended by the other party, Take the help of an advocate and initiate the proceedings, if needed send a legal notice, calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD.
Dear friend as per your question and according to law you have many legal remedies because your marriage is void as per hindu marriage act and you file also criminal complaint against your in laws because they cheated you.
When a person time of marriage unsound mind that marriage voidable.this best ground for divorce because this fact is hidden by your husband family.this fact come in knowledge after marriage so you have file divorce petition against husband and get maintenance and permanently simant form husband.
you are very well entitled for alimony. you can apply for judicial separation /divorce. if he is unsound mind than it is a ground for divorce.you can apply before the family court for separation as well as divorce and simultaneously you apply for maintenane
You can immediately file divorce on such grounds and make him undergo medical test. You will get huge alimony and if you wish you can file cheating case against him and his family members. You are sole decider. Please give me Rank 5 if you feel my answer helped you.
=====================================================
"No consummation of marriage is a valid ground for Divorce" says Bombay High Court
The Bombay High Court in another landmark judgment has ruled that “non-consummation is a valid ground to declare marriage as null.”
The present case dates back to 2009 when the woman was 21 and the man was 24. According to the woman, the man had got her to sign blank documents and even took her before the registrar, but she did not realize it was marriage documents. The couple from Kolhapur (Maharashtra) has been fighting litigation since the day they got married in 2009. The woman claimed that the man had fraudulently married her by getting her to sign on blank documents. She had sought that the marriage be annulled, while he had opposed it.
However, the judge said that there was no evidence of fraud. But, since there was no proof that there were sexual relations between the couple the Judge struck down the marriage.
The Court said “One of the most important objects of marriage is a regularization of sexual relationship between the couple, and in the absence of such a relationship, the object of marriage is lost. However, even a single incident of sexual intercourse results in the consummation of marriage.”
“In this case, when the couple did not even live together for a single day and no evidence has been shown by the husband when he claims that there was a sexual relationship, then in the absence of such evidence, the woman institutes the case of non-consummation of marriage.”
Apart from this, the husband had claimed that the couple has had sexual relations and the wife had even got pregnant, but the court pointed out that no evidence of the gynecologist, about the pregnancy test, had been presented to the court. Moreover, the court said that it had tried to advise the couple to settle their differences but had failed.
Yes you should ask for the divorce on account of after marriage you realized that the boy is of unsound mind which was hidden from you at the time of marriage.
You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.
However see the chances of an amicable settlement and ask him for one time alimony.
File for mutual consent divorce.
The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity from the allegations of impotency and history of treatment of his mental illness.
To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.
There is no quantumn of alimony can fixed for if you are not mutually agreeable to it.
As such no court orders an alimony on its on based on any criteria without applying and fighting for it.
In mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.
The alimony is the monthly subsistence allowance given to wife, if she cannot maintain herself after the divorce.
once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income, this is asked and ordered on the monthly basis and if parties prefer it they can settle it as onetime payment of alimony.
This also means that after the divorce a wife has to be maintained as per the living standard of her husband. If a wife is earning and capable of maintaining her standard of living like when she was with her husband, her claims of maintenance/ alimony generally defended by the other party, Take the help of an advocate and initiate the proceedings, if needed send a legal notice, calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD.
Dear friend as per your question and according to law you have many legal remedies because your marriage is void as per hindu marriage act and you file also criminal complaint against your in laws because they cheated you.
When a person time of marriage unsound mind that marriage voidable.this best ground for divorce because this fact is hidden by your husband family.this fact come in knowledge after marriage so you have file divorce petition against husband and get maintenance and permanently simant form husband.
you are very well entitled for alimony. you can apply for judicial separation /divorce. if he is unsound mind than it is a ground for divorce.you can apply before the family court for separation as well as divorce and simultaneously you apply for maintenane
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Naveen Sharma
Responded 4 years ago
A.The fact that he has resorted to lodging a frivolous police complaint against you and got the police officers to act upon such a complaint to suggest you to go back to his hometown, shows that he is no mood to resolve the problem, if ever it can be resolved. I think from the circumstances, assuming the narration of facts as per your version is not tainted by certain emotionally overpowering factors, there does not appear to be any hope of continuing this relationship. Eject out of this. File a divorce petition and along with that an application for maintenance in case he does not agree to counselling or treatment, if ever that is possible. Do not go to his native place unless he come down to your place and agrees to visit a doctor/marriage counsellor.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
If you want to continue and stay in the matrimonial relationship, you may go for some marital counselor along with him to understand his problem.
If not, you have many strong grounds to file for annulment of marriage.
If you want to continue and stay in the matrimonial relationship, you may go for some marital counselor along with him to understand his problem.
If not, you have many strong grounds to file for annulment of marriage.
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A.Dear Client if your spouse is not able to consummate the marriage int hat case you can file for nullity of marriage in the appropriate court as per the jurisdiction. Ensure that you have sufficient proofs to present in the court of law and also take note that nullity of marriage is to field within one year of marriage and case you fail to do so then you will have to file case for divorce after expiry of one year.
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