Bombay HC declares couple's marriage as null and void as it was not consummated

A woman who fought for nine years, before different courts, to prove that she was tricked into getting married, on Friday, was finally successful. The Bombay High Court, declared her marriage as null and void.

Justice Mirdula Bhatkar took note of the time delay in deciding the woman’s plea by saying “Time does not stop for anybody. All the Courts dealing with matrimonial issues have to consider that the age of the parties in marriage proceedings has important bearing on the issues, before the Court.”

The woman in her plea challenging a lower court order argued that she was in the year 2009, deceived into signing blank forms, by the husband, who claimed he would get her a good job in his company. Later, he took her to the marriage registrar’s office and got married, under the Special Marriages Act.

The woman, on the same day of marriage, scolded him and refused to cohabit with the husband. She claimed that their marriage was not consummated, thus it should be declared as null. The husband though claimed that it was a love marriage and they had sexual relationships and the allegations of fraud are not sustainable.

Justice Bhatkar after going through the entire records, said “The Court has come across the most ironical situation that both the parties though unanimously claim that they did not stay together even for a day, are fighting with each other for nine years on the issue of their nuptial relationship. Thus, without leading a married life even for a day, the dispute of nullity is going on for 9 years.”

The court relying on Section 25 of the Special Marriages Act held that the woman an adult who was a graduate could not have been deceived in giving her consent to marriage. However, since it is not consummated, the marriage can be declared as null and void.