Bombay HC dissolves marriage of Kolhapur couple who never cohabited
Justice Mridula Bhatkar declared the marriage of the 33-year-old man and the 30-year-old woman from Pattan Kodoli of Kolhapur district on the ground of non-consummation.mumbai Updated: Apr 28, 2018 00:52 IST
The Bombay high court on Friday dissolved the nine-year marriage of a couple from Kolhapur, who have never cohabited and bitterly fought a legal battle for as many years.
Justice Mridula Bhatkar declared the marriage of the 33-year-old man and the 30-year-old woman from Pattan Kodoli of Kolhapur district, 370km south of Mumbai, primarily on the ground of non-consummation.
“The fact proved is that there was no consummation of marriage and they have not lived together even for a day,” said the judge. She said one of the most important objectives of marriage was sexual relationship and in its absence, the parties were frustrated; and refusal to cohabit with the spouse was a ground for dissolution of the marriage.
The man and the woman tied the knot in August 2009. In 2010, the woman sought annulment of her marriage. She alleged that the man had obtained her signatures on certain papers under the guise of helping her find employment, and used these for marriage registration. In May 2012, a civil judge declared the marriage a nullity, although the court did not buy her fraud charge.
The woman approached the HC, which reiterated it did not appear to be a fraud case. On the woman’s claim that she did not intend to marry the man, the judge said one may not intend to marry a person, but one may unwillingly consent to marriage