Legal advice regarding marriage consummation?

Since i was having sex for the first time,i found it v.painful.his penis never went inside.


but i never refused him sex.only had pain.he had only anal/carnal sex with me but never sought any help of counsellor or sexologist.we lived abroad,so i had no source of guidance.





wen i came to india alone,he deserted me and is also seeking annulment of marriage on grounds on non consummation of marriage.he and his parents have also been mentally abusive.he is an indian passport holder,posted abroad.





can he really seek annulment on this ground when he himself has been non cooperative?my doctors have said that i m capable of having sex %26amp; children both.please advise.Legal advice regarding marriage consummation?
Supposedly this a Hindu Marriage where the husband %26amp; wife have only indulged in anal sex not actual vaginal sex.


The issue of not indulging in normal sex by them is a matter of evidence, however there has not been the consummation of marriage in this case as for the purpose of consummation of marriage normal sexual activity between husband %26amp; wife is to take place, merely penile insertion in the vagina will not be enough to define consummation of marriage it has to be more then that.


There has not been any insertion of penis in the wife's vagina, by the husband due to pain as stated by the wife, however she is having normal sexual organ for normal sexual activity %26amp; hence this alone cannot be sufficient for the husband to blame her for non-consummation of the marriage.


The anal sex although happened between them cannot be considered normal sex for the purpose of consummation of marriage from legal sense.


Section 12(1) (a) of the Hindu Marriage Act,1955 provides:-


Voidable marriages. (1)Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-


(a) that the marriage has not been consummated owing to the impotence of the respondent


The pertinent question asked here is whether the husband get the marriage dissolved by decree of nullity on the ground of non consummation of marriage as the wife was not cooperative?


Here the two ingredients to be proved by the petitioner/husband are, firstly consummation of marriage; secondly owing to the impotency of the respondent/wife.


The wife is supposedly normal %26amp; is not medically impotent as such,however the very fact the wife may be suffering from partial impotency when it comes to normal sexual relationship with her husband cannot be denied, this can even be proved in the court taking help of medical authorities/evidence by the husband.


In simple words if one of the partner in marriage has problem in relation to normal sex with the other partner which can be defined as partial impotency by medical experts then this can be taken as for proving non-consummation of marriage owing to the impotency of the respondent.


The respondent/wife may not have a similar deficiency with other person but with her husband she may be suffering the tendency of the said partial impotency.


The medical treatment of such deficiency may be available %26amp; if this get cured the marriage can be saved.


Doctors in this case have assured the wife she is normal for all purposes of indulging in normal sexual life %26amp; bearing children, but the point I have raised here is medico-legal in nature where as stated above a otherwise normal person may have deficiency of impotency when it comes to a particular person %26amp; if such particular person happens to be his/her spouse who is unable to enjoy normal sex in his marital life then this not only make the marriage voidable but even amounts to mental cruelty where the other spouse is deprieved of normal sexual life for no fault of his while remaining in such marital relationship, this is nothing less then breaking up of the matrimonial life irretrievebly between both of them.Legal advice regarding marriage consummation?
Indian passport holder posted abroad


they feel they have achieved the sky, doing mean jobs with low salary


they bully their wives and treat them like dirt


they flirt with other ladies unsucessfully,


and niether knowing love, nor any knowledge of sex, being selfish and absolutely now knowing how to do it, they blame the wife and other soft tragets, and the parents also behave as they can mentally abuse their daughter-in-law, because of the great worthless son they have.
Dear Buddy,





As long as you are normal and organs are perfect, the annulment might be very difficult. However, are you really co-operating with your Hubby ? This is also to be taken into when it comes to annulment.





Regards %26amp; Best of Luck





May God Bless





Senthil EG Iyappan





28 Aug 09





Source : Self
I dont tell sorry fro ur situation. But pls try to set urself as soon as possible and just come out of that thoughts.U cant feelhappy or spent ur life pleasant Its confirm that he knows abt his own problem very much. Contact ur lawyer for further proceedings. no doubt justice will be with u.


Better to cancel ur marriage and save ur life. pls consider ur parents advise also. ok take care think leisurely and decide stromngly.


gudluk.