No sex for nine years, wife gets marriage nullified

Holding that when a woman claims that there was no physical relationship between her and her husband, the burden of proof is on the husband to prove that there was a physical relationship, the Bombay high court has nullified a marriage as per the wife’s demand. Though the husband in the petition had claimed that their marriage was consummated and the wife has had a miscarriage, the HC disbelieved his claims as the man could not produce any evidence of miscarriage.

“One of the most important objects of the marriage is a regularisation of the sexual relationship between the two parties and in the absence of such relationship, the object of marriage is frustrated,” Justice Mridula Bhatkar observed while granting the wife’s plea, which was earlier rejected by a Kolhapur court.

The judge also held that while “an irretrievable marriage” is not a ground under Special Marriage Act for divorce, but “non- consummation of the marriage” is a ground.

The woman wanted to end the marriage on the grounds of non- consummation for nine years and had filed an appeal in the HC challenging the Kolhapur court order. The woman had filed a petition for divorce on two grounds — that there was no consummation of marriage; and the husband allegedly married her using fraudulent methods and made her sign blank documents. On her first demand, the HC held that there was no evidence that there were sexual relations between the couple in the span of last nine years and allowed the petition. On her second demand, Justice Mridula Bhatkar said that there was no proof of fraud.

Though the husband had claimed that he had maintained sexual relationship with his wife and she even had a miscarriage, the court disbelieved him, as he could not produce any evidence backing his claims.