Please help,is there a way out of these threats

It appears that after your marriage you have again gone abroad for gainful employment  and from there you had talked to your wife over the phone in the matter of your married life. If  the wife is not prepared to  live with you were you are gainfully employed and it has been over a year after your marriage that you are living seperatly and the marriage has not been consumated and you are still childless - and more over if  the wife has  in case if you continue to resdie abroad for gainful employement  - then this fact of a communication received by you from your wife that she will commit suicide - itself amounts to act of secvere cruelty on her part. It is not that you have desreted your wife   by remaining abroad for gainful employement and you cannot be deemed to have deseretd your wife and not liable to pay any maitenance if she denies to stay with you abroad. If you feel that she will  proceed lawfully to seek such maitenance from you without any effort her part to seek divorce  then it is proper for you to proceed to lawfully obtain a decree of judicial seperation and thereby your wife would then be regarded as a spinster and not entitled to any lawful maitenance allowance from you. Of course you cannot file a petition for judicial seperation from abroad unless you are citizen of that nation - and as such you would need to do so to appraoch the District Court where you both had together resided after marriage. Consult an advocate who will help you in proceesing your application for judicial seperation lawfully and legally and once the petition is filed in India then you can with the leave of the Court go back and you may be permitted to be by special leave of the Court to be represented by your advocate before the court proceedings.

Jatin...You have a valid ground for annulment but you gotta have some proof to support it. Do not consummate the marriage.

 

You need to strategise it!!!

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

You should have asked her to commit suicide before marriage itself. You should have gone to Police station that time only. You projected to her that you are weak and married her!!!!!!!!!!on the threat of suicide???? how can you be so sensitive? Now tell her you will commit suicide if she doesnt gives divorce and communicate it to her without giving any proofs. I am sure it will not move her even an inch. Just chill ......and take advice from a seasoned lawyer. Marriage is not just a ritual you should have taken everything in writting from her before getting married itself. You are staying in US that means you are well educated, you must have awarness about such things.Anyways all the best and dont mention about shooting and killing. Fight with a peaceful and calm mind. Dont get angry and commit more mistakes from now on.

Thanks everyone.

Yes before marriage i never knew about any such laws and being sensitive i did not want her to commit suicide and as she said wanted to get divorce after marriage but never thought she will behave like this.

Also i was not aware about such gender biased laws.Now if a man and woman cannot live together and even if they did not consumate the marriage then they should be allowed to get separated but Indian law is forcing the man with 2 option either live entire life with her or get ready to go to jail on false charges along with age old parents.Is this what you call justice ?

Is there really any legally remedy in such situation for Indian man ?

Ask your lawyer if you can declare the marriage as void. Non-consummation of marriage can be one of the grounds for you...to seek divorce. But do consult experts and take steps wisely.

Thanks Charu Latha

I already consulted many lawyers but what i see is almost all lawyers say Indian laws are gender biased and it seems all lawyers only want to take advantage and make money this is the reason i am looking here for some advice from experts.

About Non-consummation of marriage this is only possible in Special marriage act and our marriage was never registered and its HMA so making it void is not possible this is what the lawyer said.

Also the marriage was never onsummated but when she threatens to file false dowry charges in that case its also possible she may lie it was consummated and in the court the women always have upper hand and words of women are always believed by everyone.

then...do one thing this is little sarcastic. But i may save your life. Sending you that in a Private Mesage.

Jatin,

Your lawyer is absolutely correct, non-consumation on account of impotency is ground for annulement whereas a wilful non-conumation is not ground. Non consumation, owing to refusal to co-habitate is ground for divorce on acccount of cruelty meted on other spouse. If she says she is willing to live with you, you cannot get divorce on this ground as well. You are in catch-22 situation and shot yourself in the foot.

Only way stay away from her and let her get frustrated and leave you

As per HMA 12a non-consumation on account of impotency is ground for annulement .But many lawyers also say that partial impotency can also be the reason.When a person is healthy normally but unable to perform with one specific person.

How partial impotency is medically proved ?

Does partial impotency considered in HMA ?

Is it possible for husband to file annulment on the basis of partial impotency  or its only the wife who can file when the husband is partially impotant?