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No sex since wedding, Bombay HC nullifies 9-year 'marriage


MUMBAI, 30 APRIL. Nonconsummation is grounds to declare a marriage as null, the Bombay high court has ruled.

A couple from Kolhapur had been fighting legal battles since the day they got married nine years ago—the woman claimed that the man had fraudulently married her by getting her to sign blank documents. She had sought that the marriage be annulled, while he had opposed it.

Justice Mridula Bhatkar said that there was no evidence of fraud, but struck down the marriage on the grounds that there was no proof that there were sexual relations between the couple.

“One of the most important objects of marriage is a regularisation of sexual relationship between the two parties, and in the absence of such a relationship, the object of marriage is frustrated. Even a single occurrence of sexual intercourse amounts to consummation of marriage,” said Justice Bhatkar. “In the present case, when the parties did not stay together even for a single day and no evidence is brought by the husband when he claims that there was sexual relationship, then in absence of such evidence... the woman establishes the case of nonconsummation of marriage.”

The man had claimed that the couple has had sexual relations and she had even got pregnant, but the court pointed out that no evidence of the gynaecologist, about the pregnancy test had been furnished. The court said that it had tried to advise the couple to settle their differences but had failed.

“The parties have become very bitter and vindictive towards each other and blame other party, has ruined his/her nine years of life. This attitude is going to ruin their further more years... An irretrievable marriage is not a ground under Special Marriage Act but nonconsummation of marriage is a ground,” Justice Bhatkar held.

The 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 realise it was marriage documents.

When she realised the facts, she sought annulment of the marriage.



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