Bombay High Court annuls nine-year marriage on grounds of non-consummation

The Bombay High Court on Monday ruled a marriage as null on the grounds of non-consummation.

A couple from Kolhapur had been fighting legal battles since the day of their marriage which took place nine years ago.

The woman claimed that the man fraudulently married her by getting her to sign blank documents and even took her before the registrar. The case dates back to 2009 when the woman was 21 and the man was 24. 

She, having realized what the documents were, sought to get the marriage annulled while he opposed it. Her plea was accepted in a trial court which granted the annulment, but an appellate court ruled in favour of the husband.

However, the high court rejected claims of fraud and expressed disbelief of an educated woman, a graduate of having been deceived to sign the documents.

Justice Mridula Bhatkar stated that there was no evidence of fraud but nullified the marriage on the grounds that there was no proof that there were sexual relations between the couple.

Since the couple did not stay together even for a single day and the husband failed to provide evidence despite his claims of there being a sexual relationship and she had even got pregnant, the case of non-consummation of marriage by the woman established.