Abhishek 07 January 2016

How to proceed for divorce

Hi , A very Good morning to everyone.
I´am an NRI, working as an software engineer abroad from last 3 years .Totally I have 9 years of working experience.
I got married in -2014.

Situation :- My wife is studying his professional course in final year .

which will be completed in some months.

After our marrige we stayed together only for a weekdays & then again for some days.After that i returned to my office location abroad.
On our honeymoon night we had intercourse but at that time also her behaviour was very rude , not interseting in anything.
She started behaving like a effigy everytime when she was with me.Never ready to go with
me in public place , going anywhere etc.
Everytime she makes some excuses to avoid s*x etc.

From that 1st night it´s already 1 year we have never been together .

2- She never gave me the documents to make the passport .Now she says she dosen´t want
to live with me.
3- She never went to my home to stay with my parents.
4-She never used to pick up my call from last 1 year.
5-We have never met or have intercourse from last 1 year .

Actually this was a forced marrige for her as her parnets dosen´t want her to marry in different cast , As now I came to know that she is having a boyfriend.But due to family pressure she married me.

Now they are conveying false message in the society about the Dowry , money etc.
False chares on my parent for cruelty .( Although they have not gone to court till now.)

Can you help me:- As the girl who have someone else in her mind , who haven´t recieved or called me from last 1 year.
So it´s impossible to live with her.
How to proceed for Divorce in this scenario?
What are precaution I need to take As If i file the case of Divorce they can demand huge Alimony (knowing Iam NRI).

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5 Replies

Upendra Garg (Advocate) 07 January 2016

Please tell me the place of the phenomina in In. Where do you live in India ? you can contact me at - upen1008@yahoo.com

Upendra Garg (Advocate) 07 January 2016

Please tell me the place of the phenomina in In. Where do you live in India ? you can contact me at - upen1008@yahoo.com

saravanan s (legal advisor) 07 January 2016

https://timesofindia.indiatimes.com/city/mumbai/Denying-s*x-to-spouse-is-ground-for-divorce-HC/articleshow/29176612.cms.

wilful denial of s*x without any reason amounts to cruelty and is a ground for divorce

if she is still in touch with her boyfriend then you can hire a detective to gather information about the adultery she is indulging and this could add up adultery as a ground for divorce.also if you can prove that she is committing adultery then you can deny maintenance to her on those grounds

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prabhakar advocate (advocate) 07 January 2016

Talk with her and if she agrees, go for mutual consent divorce, which you both can get just six months after filing the petition. If it does not click, file divorce case on the ground of cruelty and if evidence available, add the ground of adultery also. If she files any cases against you, contest them with alacrity.

1 Like

Abhishek 08 January 2016

Hi Sir , Thanks a lot for reply .
Her reason for s*x denial was like - she is not having mood , it´s too cold etc . silly reason.
So I never forced her for Sex in the 2 weeks of stay , as she can put the charges of maritial rape.
She is very much alert now , so it´s very less chances to collect the evidence.
Yes but for sure she talks to her BF evrynight for several hour.
As somtime I & my family have heard her talking with his BF late night ariound 3-4 am.( Now she is living in her parents house )

They are planning for her higher studies now ( both the Boy and Girl are in same college) .
So they can have 2 more years togehter & ofcourse I have to pay for studies .
After that they will initiate for divorce & can have some good amount of alimony from me keeping in mind I´am an NRI.
They just want to waste my 2 year more.

If after filing a divorce case can the court order to take her call details .Because it will clear all the scenario.

Please suggest me how to proceed . Shall I start from filing a case in Mahila Aaayog .
So they can send her notice to meet & maybe then they will ready for mutual divorce . As right now they are not ready to meet.