637+ Lawyers are online 
Can the marriage be nullified in case of non -consummation of marriage
18-Oct-2023 (In Divorce Law)
Am Hindu and got married on 08-June-2017,it was an arranged marriage. After Marriage i got to know that She is alcoholic and had long term relationship which she has accepted in phone conversation.She is full of secrets which are revealing progressivey after marriage Since 16-June-2017, she is with her parents as i left to Continue my Job in other State. I dont want to continue with her but she is adamant on being with me and threatening me with the cases she is above to file. She initiated a Legal notice alleging me of Impotency and demanding to pay 30 Lakh rupees as alimony and want 20000 as maintenance per month. Our marriage is not consummated and this was accepted and stated in Bride's Notice. My questions 1.As marriage is not consummated and the same is accpeted by bride in her notice,Can we go for nullity of marriage? 2.She did her Post graduation,Used to work before marraige.Do i have to give her maintenance?
you can apply for nullity of marriage and there is no legal obligation to pay maintenance or alimony in this case facts.
in this case facts you have to apply within the one of the marriage only. so apply immediately for nullity of marriage.
in this case facts you have to apply within the one of the marriage only. so apply immediately for nullity of marriage.
Helpful?
42+
42+
Adv. P Y Rayudu
Hyderabad | 25+ Answers
CONTACT NOW
Can a wife claim maintenance if the marriage is not consummated?
There is currently no legal provision that allows for the payment of maintenance to a husband after a divorce or termination. If the wife is not satisfied with her conjugal rights, she can also seek an annulment within one year.
What happens if marriage isn't consummated?
The consummation of a marriage is the actualization. It is the first sexual act between husband and wife after their marriage. The canon law is very relevant to the consummation of marriages. Failure to consummate is grounds for divorce or annulment.
Is not consummating marriage grounds for divorce?
You can file for nullity if the marriage hasnt been consummated. It will be a borderline situation, as your spouse will deny the marriage hasnt been consummated. 2. You can divorce your wife on grounds of cruelty if the marriage was not consummated due to her refusal.
What are the legal consequences of Unconsummated marriage?
Impotency: Marriages that are voidable due to incapacity to consummate the marriage. In addition to being sterile, the spouse must also have a chronic condition. You can get an annulment even if you have never consummated your marriage. Divorce is the legal ending of a marriage.
when the marriage is not consummated, then you can file the annulment of the marriage,by filing divorce petition,your right is still existing because the marriage has happened in June 17.you said that in her notice, she had admitted the fact that first night has been not happened, and when she is alcoholic, and refusing of sex amounts mental cruelty towards you, so do not be afraid of her, and there is no need to provide her permanent alimony. for further clarifications you can contact us.
Helpful?
37+
37+
Adv. Bala Murali
Hyderabad | 200+ Answers
CONTACT NOW
Hello Sir, first you can reply to the notice, then you can file petition to nullify the marriage. If you reply strongly then they will come down to settle the matter stating that as you are having proofs. 2) Until she got married you have to pay maintenance.
Helpful?
49+
49+
Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
CONTACT NOW
Hi
it appears that the marriage was held on 08 June 2017 and the marriage is not consummated even after 5 months of marriage.
Both of you will be advised to go for counselling as both of you are making allegations (impotency, alcoholic) etc as the marriage had happened in june 2017 and that courts will consider your petition for nullity of marriage only at the end of first anniversary( 12 months from date of marriage)
With reference to maintenance, you should be able to demonstrate that the girl was working at the time of marriage and was drawing much more salary than she is claiming as maintenance. If you are able to prove this aspect, courts will not grant your wife maintenance.
it appears that the marriage was held on 08 June 2017 and the marriage is not consummated even after 5 months of marriage.
Both of you will be advised to go for counselling as both of you are making allegations (impotency, alcoholic) etc as the marriage had happened in june 2017 and that courts will consider your petition for nullity of marriage only at the end of first anniversary( 12 months from date of marriage)
With reference to maintenance, you should be able to demonstrate that the girl was working at the time of marriage and was drawing much more salary than she is claiming as maintenance. If you are able to prove this aspect, courts will not grant your wife maintenance.
Helpful?
30+
30+
Adv. Rajagopalan
Hyderabad | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
