Bombay High Court Annuls 9-Year-Old Marriage on Ground of 'No Sexual Relationship'

Mumbai, April 30: The Bombay high court on Monday made a landmark judgement pertaining to a divorce case of a couple hailing from Kolhapur. The order ruled out marriage as null, due to no sexual relationship between both the partners. According to a news report in Times of India, A single bench Justice Mridula Bhatkar while hearing the case said that she annulled the marriage on the grounds that there was no proof of sexual relations between the couple.

A couple from Kolhapur had been fighting legal battles since the day they got married nine years ago. The woman claimed that the man (husband) had fraudulently married her by getting her to sign blank documents. Hence, she had sought that the marriage is annulled, while he opposed it.

The report further quoted Justice Bhatkar, who said “One of the most important objects of marriage is a regularisation of a 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."

Bhatkar added the parties have become very bitter and vindictive towards each other. Further, it has ruined their nine years of life. This attitude is going to ruin their life furthermore. Therefore, an irretrievable marriage is not a ground under Special Marriage Act, but non-consummation of a marriage is a ground.

On contrary, the man had claimed that they had sexual relations and she even got pregnant, but the court pointed out that no evidence of the gynaecologist, about the pregnancy test, had been furnished. Adding, the court also tried to advise the couple to settle their differences.

(The above story first appeared on LatestLY on Apr 30, 2018 08:01 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).