Forced marriage by the parents

842 votes

Dear Sir,
You can file a divorce case on the basis of following judgment.
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Non-consummation of marriage a ground for divorce: apex court.
Mental cruelty can cause more serious injury than physical harm to married woman
Spouses owe rights and duties to each otherBegetting children a principal aim of Hindu marriage
New Delhi: The Supreme Court on Tuesday ruled that non-consummation itself would constitute mental and physical cruelty to a married woman and would be a ground for divorce under the Hindu Marriage Act (HMA) 1955. Granting divorce to a woman, a Bench consisting of Justices Ruma Pal and A.R. Lakshmanan said: ``Spouses owe rights and duties to each other and in their relationship they must act reasonably."
Writing the judgment, Mr. Justice Lakshmanan said mental cruelty could cause even more serious injury than physical harm to the married woman.
The Bench said: ``Under Section 13 (1) (iii) mental disorder as a ground for divorce is only where it is of such a kind and degree that the appellant cannot reasonably be expected to live with the respondent. Where the parties are young and the mental disorder is of such a type that sexual act and procreation are not possible, it may furnish a good ground for nullifying the marriage because begetting children is one of the principal aims of Hindu marriage where "sanskar" is advised for progeny and offspring.''
The Bench said: ``The general rule in all questions of cruelty is that the whole matrimonial relations must be considered, that rule is of a special value when cruelty consists of not violent acts but of injurious reproaches, complaints, accusations or taunts. It may be mental such as indifference and frigidity towards wife, denial of company and abhorrence, or physical, like acts of violence and abstinence from sexual intercourse without reasonable cause.''
Vinita Saxena was married to Pankaj Pandit in keeping with Hindu rites and customs in February 1993. She found that her husband was suffering from schizophrenia and the marriage was not consummated. He was not in a position to perform his matrimonial obligations. According to her, her mother-in-law drove her out after five months and she was not permitted to return again.
Ms. Saxena filed a petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder. Both the trial court and the Delhi High Court rejected her plea.
Miscarriage of justice
Allowing her appeal, the Supreme Court held that their orders resulted in a grave miscarriage of justice to the woman, who had been constrained to live with a dead relationship for over 13 years. This was a fit case for freeing her from the shackles of the respondent-husband and let her live her own life as a human being.
Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]...

A Supreme Court bench comprising of Justice S.J. Mukhopadhayaya and Justice Prafulla C. Pant, in a judgment delivered yesterday, upheld dissolution of marriage between the parties, on the grounds of denial of sex as amounting to mental cruelty....

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”
• Consummation and non-consummation FAQs
Dear Sir,
My answers are as follows:
1. What's the difference with respect to maintenance of alimony when couple are separated in consummated marriage from that of non consummated one?
Ans: The following judgments of SC gives you an idea about this.

2. How to prove wife refusal for same.?

Ans: Some circumstantial evidences, WattsApp/SMS messages are sufficient.

3. Does court consider whatever wife says?

Ans: Court is always NEUTRAL.

4. What other means are there to prove non cumsummation?

ANS: It depends upon the case you can prove it by oral statements or WattsApp/SMS messages. Recordings etc.,

5. Does court see husband as guilt/cause for non cumsummation
Ans: Court always presumes in favor of husband because man is more towards the sex whereas the woman is less towards the sex. Court never believe that husband denied the sex but it can believe vice versa, it is universally accepted phenomena. The is as follows.

Advocate Kishan Dutt Kalaskar LawRato

687 votes

Hi...if you want divorce you have to show one year of separation from your marriage date . If you both are agree for divorce then go for mutual contest there by you will get divorce within 6 months of filling the petition.
Thank you

Advocate Rama Chandra Shenoy LawRato