Non consummation of marriage can we file for divorce

869 votes

Consummation means Vera Copula or Conjunction of two bodies or sexual intercourse between the two -husband and wife. Vera copula consists of erection and intermission or penetration.

Full and complete penetration is essential and, as such, partial intercourse will not amount to consummation. Although complete intercourse does not mean partial or imperfect intercourse but every degree of imperfection does not deprive of its essential character. No doubt, degree of imperfection differs in each case nevertheless if "it is so imperfect so as to be natural it is, in law, no intercourse at all.
if the very foundation of marriage, namely, the mutual right of consortium is absent, the very purpose of marriage is defeated. In such eventuality, Law prescribes (a) Divorce or (b) Decree of Nullity depending upon several factors. But whether it is Divorce or Decree of Nullity, result is same; marriage stands dissolved and conjugality or consortium or sexual intercourse becomes unlawful as parties remain no more husband and wife.
Non-Consummation on account of 'Impotency', 'Willful refusal to Consummate the Marriage', 'Living Separately', 'Not-Living-Together'
Thus in your case it is wilful refusal to consummate the marriage. Since the marriage period is less than one year, she can file a petition to annul the marriage and also in the same petition she can even seek the relief of compensation for having cheated her.

Advocate T Kalaiselvan LawRato

849 votes

sir
you cannot file divorce now.because marriage was in oct 2015 .minimum one year is required for getting divorce from the date of marriage. you said he is ready for separate so you can file mutual consent divorce,

Advocate Krishna LawRato