Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent has wilfully refused to consummate the marriage and the marriage has not therefore been consummated;
Also, refusal to consummate the marriage constitutes a continuing, recurring and ever present state of affairs. The grievance of the husband continues to exist and is not solely based on a remote past event.
The Supreme Court considered the question of marriage without sex in the case of Vinita Saxena v. Pankaj Pandit and observed that spouses owe rights and duties to each other and in their relationship they must act reasonably. In every case where cruelty exists it is possible to say that the spouse at fault has been unreasonable. The list of cruelty, therefore, should be breach of the duty to act reasonably, whether in omission or commission, causing injury to health. Such a list avoids imputing an intention where in fact none may exist. Further all such matters are foresight, desires, wishes, intention, motives, perception, obtuseness, persistence and indifference would remain relevant but merely as a matter of evidence bearing upon the requirement to act reasonably or as aggravation of the matters charged.
The Supreme Court quoted with approval the decision of the Delhi High Court in Rita Nijhawan v. Balkrishan Nijhawan , wherein it was held : "Marriage without sex is an anathema. Sex is the foundation of marriage and without a vigorous and harmonious sexual activity it would be impossible for any marriage to continue for long."
So, there are three remedies that you can avail in this particular case
1. File for Restitution of Conjugal Rights
2. Seek decree for Judicial Separation
3. Seek Divorce on the ground of desertion.
However, it would be better if you seek personalized legal advice from an experience lawyer after telling about the specification of the case.
Adv. Rajiv Malhotrawww.lawkonect.com