On the basis of non-consummation, a wedding is all set to declare as null, the Bombay high court has been set this ruled. A couple from Kolhapur is busy fighting the legal battles since the day they tied the knot around 9 years ago reportedly—the woman said that the man had fraudulently married her only to take her sign the blank documents. She had sought that the marriage is annulled, while he had opposed it.
Justice Mridula Bhatkar said that there was no proving of the fraud, though, but struck down the marriage was on the basis that this was proved that there were no sexual relations between the couple.
“One of the most important objects of marriage is a regularisation of the 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 the consummation of marriage,” told by 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 the sexual relationship, then in absence of such evidence… the woman establishes the case of non-consummation of marriage”, the justice added further.
But the man said that the couple has had sexual relations and she had even got pregnant, but the court said that there is no evidence of the gynecologist, about the pregnancy test, had been delivering. The court stated that it had tried to recommend the couple to settle their differences but somehow this has not been succeeding.
“The parties have become very bitter and vindictive towards each other and blame another party, has ruined his/her nine years of life. This attitude is going to ruin their furthermore years… An irretrievable marriage is not a ground under Special Marriage Act but non-consummation of the marriage is a ground,” Justice Bhatkar held.
The case goes back to the date of 2009 when the woman was 21 and the man was 24. As per the woman, the man had got her to sign blank documents and also took her to the registrar, but she did not realize that she signed wedding documents.
Afterward, at the right time, when she realized the facts, she said that she required annulment of the wedding.
A trial court accepted her plea which granted the annulment, but an appellate court ruled which give favor to the husband as per media reports.
The high court rejected claims of fraud which pointed out that she was an educated woman—a graduate—so this is not possible to sign the documents without her knowledge or to make her fool.
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