Legal Question in Family Law in India
no rules for non-consumated marriage?
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, due to some quarrels, or in past. But H & W are medically fit for sex. Now, 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?
3 Answers from Attorneys
Re: no rules for non-consumated marriage?
You have a good case. You need to pursue for declaration of your marriage as void.
Re: no rules for non-consumated marriage?
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.
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