same is
reproduced below:
“237. And if ye divorce them
Before consummation,
27
But after the fixation
Of a dower for them,
Then the half ... sees well
All that ye do.”
In case of divorce before consummation of marriage, it is
recognized, that only half the dower fixed needed
grounds of impotence, invincible repugnance
to sexual act and inability to consummate marriage though
neither party proved impotent.
HEADNOTE:
The appellant married the respondent according ... parties lived
together for three years but the marriage was not
consummated. The appellant filed an application before the
District Judge at Delhi on March
marriage, according to the appellant, lasted for five months
and was never consummated on account of the fact that the respondent was
incapable of performing ... granting divorce as prayed for by the
appellant-wife :
1) Non-consummation of the marriage itself would constitute mental cruelty to
a married woman
clear intention
to commit the offence aimed, being reasonably proximate to
the consummation of the offence. [1164C-E]
Abhayanand Mishra v. State of Bihar ... intervention of the Customs officials, the unlawful
export would have been consummated. The disappearance of the
sea-craft reinforces the inference that the accused
voidable and may be annulled if (a) a marriage has not been
consummated owing to the impotence of the respondent; or (b)
a marriage ... resumed for one
year or upwards, or
(iv) that her marriage (whether consummated or not) was
solemnized before she attained the age of fifteen
years
under section 630 is not such as can be
said to have consummated once for all. Wrongful
withholding, or wrongfully obtaining possession and
wrongful application ... continuous series of acts which endures
after the period of consummation on refusal to deliver up
or refund the property
design, amounting to more than mere preparation, but falling
short of actual consummation, and, possessing, except for
failure to consummate, all the elements ... that which if not prevented would
have resulted in the full consummation of the act attempted.
The illustrations given in Section 511 clearly show
even after
his best efforts, the appellant did not allow him to consummate the
marriage. It is further stated that in November ... permission. It is
also stated by her that marriage could not be consummated for the reason
that her husband wanted to have children after
merely irregular or voidable
even though the subsequent marriage may have
been consummated.
4. The facts which give rise to the aforesaid
question, in brief ... said petition. Her further case
was that the marriage was consummated and two
years after the marriage a daughter was born
from the wedlock
proposal/ agreement stage only. The
transaction 6 (Market Purchases) has already been consummated prior
to filing of the notice under section ... therefore, nonnotification
of the part of the said combination, particularly, the consummation of
market purchases was a violation of the Act. Thus, a penalty
