‘Marriage Only In Name’: Pune Court Annuls Marriage Over Lack Of Physical Relationship
· Free Press Journal
Pune: A family court in Pune annulled a marriage after the husband admitted that the couple had not shared any physical relationship since their wedding, effectively ending what the wife described as a “marriage only in name".
The case was brought before the family court by the woman, whose identity has been withheld and is referred to here as Komal (name changed). She had sought annulment of her marriage to Akshay (name changed), stating that although the couple had entered into a registered marriage with the consent of both families, the relationship was never consummated.
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According to the petition, the woman realised soon after the wedding that her husband was unwilling to engage in marital relations. Despite her repeated attempts to address the issue and improve the situation, she alleged that he continued to remain distant and showed no interest in fulfilling what she considered essential marital responsibilities. Eventually, she returned to her parental home and approached the court, arguing that the absence of any physical relationship had stripped the marriage of its true meaning.
Pune RTO Plans To Ban Vehicles Older Than 15 Years To Tackle Pollution & Traffic WoesA crucial development in the case occurred during the hearing when the husband submitted a written statement acknowledging that there had been no mutual physical relationship following the marriage. As both parties agreed on the facts, the court chose to proceed without ordering a lengthy trial.
Presiding over the case, Judge B.D. Kadam observed that when key facts are admitted and undisputed, the court has the authority under the Hindu Marriage Act to issue appropriate orders without subjecting the parties to extended evidence or cross-examination. He noted that while marriage is a social institution, it is also based on mutual rights and obligations, and the complete absence of essential aspects of married life undermines the very foundation of the union.
The court held that the husband’s written admission served as primary evidence, making further testimony unnecessary. Emphasising the need for timely justice and the mental well-being of both individuals, the judge declared the marriage annulled.
Legal experts believe that the ruling reflects a practical and sensitive approach by the judiciary in addressing matrimonial disputes. By recognising that the absence of physical relations can fundamentally affect a marriage and by acting promptly when facts are undisputed, the court aimed to prevent prolonged emotional and legal strain for both parties.