Legal Question in Family Law in India

non-consumated marriage in Indian Law
Indian Advocates please help.

H and W lived together one month after marriage(Hindu). Then W went to her home and send a divorce notice asking for non-consumated divorce. H & W had NO SEX when they lived together or in past. But H & W are medically fit for sex. H don't want to give W non-consumated divorce at any cost. In court H, who is also potent, says he had sex with W. But W denies it and ready for any medical test (She knows her Hymen is not broken by anymeans). So, Can W get non-consumated divorce? Will court take into account any medical test result to declare W is virgin? I've heard that there is no medical test to certify girls virginity even if her hymen is intact. Will court just deny non-consumated divorce without considering anything else if H is potent?

Asked on 3/02/09, 9:51 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: non-consumated marriage in Indian Law

If the husband is found guilty of making false statement in the court, he may suffer criminal prosecution and possibly a jail term.

Even a potent person may be impotent in a particular situation or qua a particular person. He may even father children and still remain impotent qua his wife.

Advice : do not oppose divorce; amend your written statement; apologize for your false statement and try to bring an end to the entire episode gracefully.

Answered on 3/02/09, 7:14 pm

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