Consummation has always been the most crucial part of marriage so before analyzing let us start by first understanding what is consummation, it is an act of ‘completing” marriage by sexual intercourse, it refers that the act of consummation is what makes the marriage complete and without which the marriages in incomplete.
Non-consummation of marriage can lead to the annulment of marriage but only in two cases according to the Hindu marriage act, 1955 that is because of the impotency of the respondent and on the persistent refusal to have marital intercourse which also amounts to cruelty, now in these cases either the marriage can be annulled or they can also be used as a ground for divorce by either of the party. While a divorce refers to the dissolving of a marriage, an annulled marriage is considered to never have existed.
In my opinion non-consummation as a ground to annul a marriage, this statement itself cannot be answered in a simple yes or no because different nuances should be taken into consideration. To start with, the reason behind this alleged hesitation, there could be a mental issue going unnoticed or a history of abuse which is affecting the person’s approach towards the sexual activity or on the other hand, it might have an entirely different reason such as forced consummating the marriage.
As the above cases, there can be myriad of reasons behind not being able to consummate a marriage rather than impotency and the persistent refusal, (the only two reasons mentioned under Hindu marriage act, 1955 to annul a marriage) the proper course to prevent such thing is to have a proper communication before the marriage plus the reasons to annul a marriage should be increased to decrease the number of divorce cases and form an easy way for both the parties to have a marriage annulled.
In case of any doubts in matter pertaining to Family Matters in Faridabad you can contact –
Advocate Sunil Kumar Bakshi
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
