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Non consummated marriage and my wife wants divorce after three years


16-Dec-2023 (In Divorce Law)
I got married during 2017 but my wife refused to have physical relationship my father(as my mother died in 2016) made sincere efforts for several months but in vain. She just stayed for few days in our Bangalore house in a separate room without much interaction and also created tremendous mis-understanding within family, now she is working and staying separately in same city. Now she wants divorce and marriage expenses, please advise. if marriage is not consummated can wife plea for alimony? Thank you rahul
Answers (4)

Answer #1
502 votes
Dear Sir,
Just give her mutual divorce without alimony if not agreeing file divorce on the ground of non-consummation of marriage. File interim application for medical test to establish that you have no consummation with her. Thus, you will get divorce without alimony. You need not give even marraige expenses when she breached marriage obligations.
People also ask

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 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.

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 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.

  
Answer #2
884 votes
she can get divorce and not marriage expenses.
As the marriage is unconsumated. she left the house all by herself. first you should tell what is that you want. then we can find a solution for that. therefore, you need to discuss in detail, the situation which has lead you to this road. you need not pay any alimony or marriage expenses. also need to know whether she has filed some case on you. or she sent a notice

Answer #3
858 votes
Yes you can file for divorce based on desertion, mental cruelty , and the last part marriage expenses yes would have to bear it or come to an understanding amicably, if not you can't move on in your life, I mean in the sense if you want to marry someone else without divorce as it would constitute bigamy, if not then you would have to file for Restitution of Conjugal Rights but it's off no use since again it's gonna creat a havoc, so go hire lawyer take his advice move on with your life
Answer #4
461 votes
The filing of an annulment/divorce will not prevent her from requesting maintenance. If the marriage is annulled, she will not be entitled to any maintenance. The mere non-consummation is not grounds for annulment, unless the spouse is incapable.
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