krish 26 December 2017

Will this result in divorce?

Hi,

I am 29 and I live in USA. But, I am an Indian citizen and I was married to an Indian women(age 25) in India (Hyderabad). I have been married for 2 years. But, I have not consumated my marriage (I was able to only partially consumate). I dont get erections when I look at my wife. But, I can get erection when I watch p*rn videos. My wife keeps saying that I am impotent and keeps threatening me that she will go for a divorce and jail me. she gave me 3 weeks of deadline to consummate the marriage. Even her father gave a warning to me once that he will file a case in court and I need to pay 40 lakh rupees (which he says is the amount he spent for the marriage. I am not sure if this is correct or not)

I and my wife both do jobs and stay in the same home. She never pays a single dollar out of her income for the expenses (like rent shopping and other bills) She says it is my responsiblity to pay for the expenses. I am being financially drained too. I feel helpless. I am trying my best to consumate my marriage. But erections wont happen when I look at her. I have love on her . But I dont get any s*xual feelings towards her. What she also told me was that she was not interested to marry me . But, she had to because her father convinced her.

Another issue is that my father told her that I had 2 crore worth of inherited property before marriage. But, actually I have only 1 crore of inherited property which is not yet written on my name. This happened wihout my knowledge. She says this is also cheating

I sometimes talk to myself. She said that I had mental problems and took me to psychiatrist . He told I had depression through psychosis and gave me some medicines. She says this is also a ground for divorce.

If my marriage goes for a divorce , it will create severe social problems to me and also career problems. Can you please give me any legal advice. What should I do in my case? What other problems will the divorce create to me? What most likely the court will tell? Will this result in imprisonment too? I am highly worried. Please help

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 27 December 2017

Sir,

I beleive non consummation of marriage and other incidents you narrated above can become a groud for divorce, but not improsenment and yes she can seek maintenance, she can seek alimony and she can file false cases if she wants you to be behind the bars.

My only advice at this stage is, let's suppose tomorow in future if she comes back to India and tries to file false cases against you, all you can do is make some records to use them as defence ... (like she constantly threatens you and other intimidations which she keeps on passing on you)

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Vijay Raj Mahajan (Advocate) 27 December 2017

The annulment of marriage is a civil proceedings in nature and will not create any problem for you if your wife files for the same against you on the ground of non-consummation of marriage on the ground of your impotency. This by itself is not a ground for divorce.

Let me make very clear to you that as such there is no cheating on your inability to have erecting for indulging in relationship with your wife because otherwise you are absolutely normal person, so no question of criminal complaint against you of cheating will succeed against you which is being threatened by your wife and her father,

As far your mental problem for which you referred to psychiatrist, who had prescribed depression through psychosis and gave you some medicines is not a ground for divorce. What is the actual ground for divorce due to mental disorder wherein normal living together as husband/wife not possible, mere suffering from depression which half the population of the world is going through is not fit enough ground for divorce.

As far your inheriting property of value 1 or 2 crores is concerned that is an even not in your hand, if you will get it or not depend if that property is in existence at the time of death of someone willed it to you or not is also not in your hand. So there is no cheating if that was told by your father to them at the time of marriage. May be the value of that property appreciated and it becomes of 3 crores than what they will call it, cheating again?

Half knowledge/information about Indian Law & Practice as gathered by many through websites get misguided and so is in your case. Best is that you consult me in details if you want proper advice and guidance.

For detailed paid consultancy you can contact me directly.

vijaymahajan5758@gmail.com

krish 27 December 2017

Hi Kapil, Thank you for the response. How much alimony and maintenance I might end up paying? What fake cases can she file to imprison me. If incase imprisonment happens, can I get out on bail?