Bombay HC nullifies 9-year-old marriage on grounds of non-consummation
Mumbai : The Bombay High Court on Monday nullified a 9-year-old marriage on grounds of no sexual intercourse between husband and wife.
A Kolhapur couple had been fighting the legal battle in court after the woman alleged fraudulent marriage, the husband opposed it and asked court not to nullify it.
Justice Mridula Bhatkar said that the husband cannot be held guilty as there is 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 non-consummation of marriage.”
However, the man claimed that the couple had sexual relations and even the woman had got pregnant, but he failed to provide and evidence.
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.