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divorce on grounds of non consummation of marriage by spouse

Querist : Anonymous (Querist) 28 June 2010 This query is : Resolved 
I AM POSTING THIS QUERY SEEKING GOOD ADVICE ON HOW TO TACKLE FURTHER AND HOW TO NAIL THE RESPONSIBLE


FACTS OF MY CASE WHICH IS RUNNING IN CIVIL COURT

WE MET THRU TELUGU MATRIMONIAL WEBSITE AND AFTER A FEW EXCHANGE OF MAILS , MEETING BETWEEN FAMILIES AND ASTROLOGY MATCHING ,MARRIAGE WAS SOLEMNISED IN JULY 2007 ,IN A GRAND CEREMONY .HE FAILED TO CONSUMMATE MARRIAGE ON THE FIRST 3 NIGHTS AND I FAILED TO UNDERSTAND THINKING IT WAS A PROBLEM OF ADJUSTMENT /NEW-NESS ETC .

AFTER 3 DAYS OF MARRIAGE HE FLEW BACK TO USA SAYING HE WILL SEND FOR ME ONCE HE HAS TAKEN CARE OF ACCOMADATION ETC AND I AGREED . I JOINED HIM AFTER A MONTH AFTER LOT OF PERSUASION AND PRESSURE FROM MY FAMILY ON HIM .

HE WAS WORKING IN USA AND I WAS WORKING IN INDIA. I RESIGNED FROM MY JOB TO JOIN HIM IN USA AND EVEN AFTER LIVING TOGETHER FOR 5 MONTHS HE FAILED TO CONSUMMATE MARRIAGE UNDER VARIOUS PRETEXTS AND I GOT INTO DEPRESSION AT HIS CONSTANT REFUSAL AND SADISTIC BEHAVIOUR IN DAILY LIFE . FURTHER HE TOOK ME TO A COUNSELLOR IN AN ATTEMPT TO PROVE THAT I WAS MENTALLY ILL .

I ASKED HIM TO SEND ME BACK TO INDIA AS I WAS FEELING VERY SICK AND EMOTIONALLY DISTURBED AND HAVING ANGRY OUTBURSTS
Guest (Expert) 28 June 2010
You can file a case for annulment of marriage under Section 12 (1)(a) of HMA on the ground of his impotency. Otherwise, after waiting one year from the date of marriage, you can file a case under Section 13 for divorce on the ground of cruelty, as denying sex amounts to cruelty.
Devajyoti Barman (Expert) 28 June 2010
Yes
G. ARAVINTHAN (Expert) 28 June 2010
Are you still in USA or now in India?
Chanchal Nag Chowdhury (Expert) 29 June 2010
U may proceed for divorce in a competent court of India on the ground of impotency alone. Other grounds may also be taken if U so wish.Impotency is by itself sufficient to favour U with divorce provided U can prove it.


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