Legal Advice

Can I divorce my wife if our marriage is not consummated?

Question: Can I divorce my wife if our marriage is not consummated? I got married on Jan 27, 2022 and my marriage has not been consummated yet. Thus I have not had any emotional bonding with my wife till now after marriage and she is very secretive and hides many things and she asked for time to get intimate. I do not have any peace of mind as I do not believe her and there is no trust in this relationship and so I want to put an end to this relationship. How do I go about this without inviting any complications?

Advise

In the present scenario you cannot divorce your wife. It is not clear which fact she is trying to conceal. Whether that fact is material to the consent for marriage. Section 12 of the Hindu Marriage Act provides some grounds for nullity of marriage. 

Fraud, coercion, concealing material facts relating to the marriage which may affect the consent of the party are few grounds which render the marriage voidable. 

If any of these facts is existing in your case then you can file a suit under Section 12 for the nullity of marriage. Your marriage is not consummate yet, hence, you can file the above suit. 

You cannot file divorce case within one year of marriage unless any exceptional hardship exists. Your wife is not performing her matrimonial obligation i.e. no sexual intercourse since marriage. However it is a mental cruelty but it does not form an exceptional hardship for you. 

You should consult a marriage counsellor or psychiatrist to find out reason behind the sexual indifferences. If it is a mental disease which is incurable then you can annul your marriage. The disease must be incurable and it is also important that she has been ailing from that disease before the marriage.   

Shivendra Pratap Singh

Advocate

High Court Lucknow