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Manpreet   07 October 2017

Mutual divorce

I am punjabi girl living in mumbai. I got married in Feb 2017 in mumbai . Initial 1 month went fine. But thereafter my husband started abusing. We didn't hav any physical relation after marriage. He denied every time . Initially he said he is afraid of transmitting disease through intercourse. I told him to consult doc to get his doubts clear but he never agreed to it. Then he kept on denying by saying he is not ready for s*x, he needs 6-8 months time to be prepared. We used to stay alone in flat and he mostly worked from home. Despite this he never felt attracted and initiated fir s*x. I kept on insisting him but he used to push be back when I went close to him. After a month of marriage he started abusing me. Torture me mentally. He didn't even take me to honeymoon. Neither to any place. Where ever he took me to he asked his both sisters to accompany us. He was insecured about me. He told me he don't like ppl staring us because he look older than me. He didn't want me to wear western clothes not even saree. I was caged there. Later with the days his family also started torturing me mentally. My husband even abused me in public in the presence of in-laws but my in-laws didn't stopped him. They wanted me to be quite and do as they say. When I had my exams he didn't allow me to study in day. He used to put the TV on high volume whole day and kept me busy in kitchen. I somehow managed to study late night and given my exams . I was so much tortured that I used to cry she night and could not sleep. I didn't sleep properly till I was there . He used to often call his sister at our place and made her sleep on same bed he used to hug her and sleep. It was very difficult for ne to see that due to which whole night I could sleep. I was really disturbed with their behavior. When I told his sister that we have not been into any physical relationship yet why is it so? She said he might not want to keep any such relation. Or else you attract him towards you. I was shocked to hear this from her. He used to behave v badly with me then one day I told him let's get separated. I can't live in such situation. Where I am nit respected and not give any marital rights. He furiously answered go get the papers ready I am ready to sign on it. When I told his parents that he tortures me then he said yes then go to police and complaint about domestic violence police can't do anything as I have not even touched you. And my inlaws also supported him I was left alone. After 3 months of marriage I came back to my parents house. Now I want to get divorced. We had a meeting and he said he is ready for mutual but he doesn't want to give any marriage expenses and no compensation no alimony. What should I do? I need compensation as my life has been affected by this marriage. He is not guilty about it. I want it mutually because I cant bare to waste my time for long proceedings. His advocate will be sending MOU to us so I can go and get my stuffs g From that house. I want they should be taught a lesson. They have spoiled a girls life. The family knew he is impotent still they got him married. I am now so afraid of marriage that I don't even think of getting married to anyone in future. I just want to live independent life. I even decided to go to police station to put a NC against them and to gi to women's cell. I am planning to put up my case through women's cell. Guide me please.


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 6 Replies

Vijay Raj Mahajan (Advocate)     07 October 2017

Firstly engage a lawyer who is experienced in handling matrimonial/divorce cases. When his lawyer send any MOU draft, prepare let your lawyer draft a MOU draft where financial compensation terms and conditions are clearly mentioned as you have been cheated by him by taking consent of marriage that he couldn't consummate due to his own fault or refusal. Avoid mentioning him as impotent otherwise if you fail to prove that it will amount to defamation which you should avoid. This is the reason I insist to engage experienced lawyer who will mind each and every allegations carefully from your side. Avoid criminal cases through police or women cell as these organisations are just sitting for making money from parties rather helping them. If your husband agrees for paying you financial compensation of amount that you spent for marriage and time spent with him, just agree for it and move ahead for divorce by mutual consent. As your marriage took place in February 2017, you can file for divorce by mutual consent petition only in the month of Feb 2018 i.e. after one year of marriage. As the marriage not consummated the separation period of 1 year will be coming on Feb 2018. This will satisfy the condition of divorce by mutual consent. vijaymahajan5758@gmail.com

Manpreet   07 October 2017

He is not agreeing to any financial compensation. He just wants me to take my things back from that house and they are not ready to give me even a penny. Instead when I came back to my parents house from there, the same day he asked my father to pay him the expenses he spent on me. My dad paid him the amount through cheque as we really wanted to end this marriage.

Manpreet   07 October 2017

He is not agreeing to any financial compensation. He just wants me to take my things back from that house and they are not ready to give me even a penny. Instead when I came back to my parents house from there, the same day he asked my father to pay him the expenses he spent on me. My dad paid him the amount through cheque as we really wanted to end this marriage.

Siddharth Srivastava (Advocate)     07 October 2017

You have suffered a lot during such a short span of life. So far your contention of impotency of your husband is concern so medical jurisprudence say that person my be potent for rest of world but at the same time he may be impotent towards a particular person. As in your case your husband may be impotent towards you and the reason must be known to him. It is better that instead of wasting your valuable time for such relationship it is wise to get your life ahead after severing this relation. For divorce one year time must be lapsed from the date of marriage. Since marriage is not consummated so it is a sufficient ground to get the marriage annulled under section 12 of Hindu marriage Act 1956. You are entitled to alimony and maintenance. There is no such mode of divorce by way of MOU so donot go with such way of divorce which is illegal in law. Consult a lawyer with details.

Manpreet   08 October 2017

Thanks Mr.Mahajan and Srivastav for your advise. I really appreciate your inputs. I have already hired an advocate. We have sent them the notice first and thus the meeting was scheduled to know their views. Even in the meeting he came with his lawyer . The discussion happened between the lawyers and his lawyer initiated to go for MOU and after a year of marriage to file a petition in the court. In the meeting my husband has completely disagreed on terms of compensation and maintainance. He said if you want it done mutually then simply take ur stuffs back and peacefully end this. He said if you want compensation then we will go for contestent divorce as we don't want to give any money. How will I get alimony or maintainance? Will I have to put this request towards judge while filing for mutual? How can I make him agree. Because if he doesn't agree then I will have to fight in court which is a lengthy procedure.

Manpreet   08 October 2017

Mr. Srivastava as per ur advise the marriage is annulled due to non consummation of marriage. Can I get divorce mutually on this ground?. I know he will not agree to this. Because in the notice sent to them by us it was mentioned that the conjugal rights was denied by husband. But in the reply he mentioned that he never denied for marital rights. How will I prove this?. If the annulment of marriage haa to be filed in court without mutual consent then won't it be a lengthy procedure? As I will have to fight of it.

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