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Synopsis

In a recent verdict, the Bombay High Court has annulled a 17-day marriage of a young couple citing non-consummation by the 27-year-old husband. The ruling comes after the wife, aged 26, walked out of the marriage alleging her husband's lack of interest and their failure to establish sexual relations due to his 'relative impotency’.

Justice Vibha Kankanwadi and Justice SG Chapalgaonkar, presiding over the case, noted the husband's admission of 'relative impotency', deeming it a crucial factor in the decision. This phenomenon, as clarified by the court, denotes a situation where a person is incapable of sexual intercourse with a particular individual despite being capable of it with others.

The court said, “If the husband abstains or fails to have intercourse with his wife, the inference of the incapacity can be drawn. There are instances recognized under various judicial pronouncements where invincible and persistent repugnance in consummation of the marriage is held to be the impotency.”

The couple tied the knot on March 13, 2023, in accordance with Hindu customs at Chhatrapati Sambhaji Nagar (formerly known as Aurangabad). The plea stated that “It was an arranged marriage.” However, the union came to an abrupt end by the close of the month when the wife departed from their matrimonial home in Ahmednagar.

Returning to her parental home in Chhatrapati Sambhaji Nagar, the wife sought an annulment from the family court, citing non-consummation. She expressed feeling deceived and aggrieved, stating that the marriage could not continue beyond 17 days.

According to her petition, the couple's honeymoon in Bengaluru revealed her husband's disinterest, leading to confrontations. Despite efforts to resolve the issue with her in-laws, no solution was found. Consequently, she sought annulment under Section 12(1)(a) of the Hindu Marriage Act, 1955, alleging her husband's 'relative impotency’. After the family court rejected her plea on February 26, the wife appealed to the high court.

In response, the husband admitted to the lack of consummation but shifted blame onto the wife, asserting his own normalcy while citing an inability to establish physical relations with her.

The court observed, “The expression ‘Relative Impotency’ is known phenomena which is different than the normal impotency in which consummation of marriage become practically impossible i.e. inability to copulate. The various causes are identified for such contentions which may be physical or mental.”

"The reason for non-consummation of the marriage is apparent 'relative impotency' of the husband," the bench stated, emphasising the couple's suffering and the need for judicial intervention to declare the marriage invalid.

The court overturned the judgment and order dated February 26, 2024, issued by the Family Court, Aurangabad. The marriage between the appellant and the respondent was subsequently annulled and declared void under Section 12(1)(a) of the Hindu Marriage Act.

 

Cause Title: Ameya Kulkarni v Isha Kulkarni [FCA No.18 of 2024]