husband wanted to consummate the marriage or parties wanted to consummate the marriage and the husband was not able to consummate. But specific plea ... consummated the marriage and has avoided consummation of marriage on one pretext or another. However, no cross-examination was directed about the non-consummation
marital harmony torn to pieces. The claim founded on the non-consummation of marriage and fraud perpetrated by her drove the petitioner to Court ... rival claims. To adjudge the viability of the non-consummation and consummation of marriage, there is no embargo under the law
to lake advantage
Hindu Marriage Act (in short 'the
Act') for annulment of marriage on the ground of non-consummation of
marriage was dismissed.
Mat. Appeal ... Scientology' before
marriage and, therefore, the marriage could not be consummated. Since
the marriage had not been consummated and a final decision in this
steps to consummate the marriage. Possibly there were underlying
physiological and psychological condition which came in the way of
consummation of the marriage ... consummated
101. Therefore, the conclusion of the Family Court that the
appellant alone was responsible for non-consummation of the marriage
appears to be incorrect
respondent has wilfully refused to consummate the
marriage and the marriage has, therefore, not been
consummated and the non-consummation of the marriage
amounted ... considering the question, can non-
consummation be presumed from impotency, the court must
remember that mere non-consummation of marriage is not a
ground
marriage consummated and again her statements
that the marriage was never consummated and they never had physical intimacy
would all show that there was non ... Admittedly the marriage was not
consummated. The parties blame each other for
non-consummation of the marriage.
The petition averments, the evidence of
parties
non-consummation of the marriage. It is presumable that the petitioner has been the contributory factor by evading no interest to consummate the marriage ... ground that there was non-consummation of marriage because the wife has deliberately avoided consummation of marriage even though petitioner was ready and willing
been consummated owing to the impotence of
the respondent;"
21. It is therefore clear that non-consummation of marriage would render
the marriage voidable ... Marriage Act, 1955 and not under
Section 12(1)(a) of the Hindu Marriage Act, 1955. Once the marriage itself is a
voidable marriage, there
house of the Appellant at Mavelikkara. As regards non consummation of marriage, we would prefer to quote what the wife said in the counter, which ... hold that non-consummation is not wilful. The irresistible conclusion is that the respondent-wife has willfully refused to consummate the marriage within the meaning
divorce thereby dissolving the marriage
of the petitioner and the respondent, on the ground of
nullity of marriage and non consummation of marriage
under Section ... appellant had sought nullity of the marriage on account of non-
consummation of marriage under Section