The Bombay High Court has nullified a nine-year-old marriage between two parties on grounds of non-consummation. Justice Mridula Bhatkar held that the first appellate court at Kolhapur had erred in holding that the marriage was valid despite the fact that there was no physical relationship between the husband and wife.
The case dates back to 2009 when the woman was 21 and the man was 24. According to the woman, the man had got her to sign blank documents and even took her before the registrar, but she did not realise it was marriage documents.
However, the Justice said that the husband cannot be held guilty as there is no evidence of fraud, but struck down the marriage.
“One of the most important objects of marriage is a regularisation of the sexual relationship between the two parties, and in the absence of such a relationship, the object of marriage is frustrated. Even a single occurrence of sexual intercourse amounts to the consummation of marriage,” said Justice Bhatkar.
“In the present case, when the parties did not stay together even for a single day and no evidence is brought by the husband when he claims that there was a sexual relationship, then in absence of such evidence... the woman establishes the case of non-consummation of marriage.”
However, the man claimed that the couple had sexual relations and even the woman had got pregnant, but he failed to provide and evidence.
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