Divorce on psychological impotence of wife
Daniel
(Querist) 09 February 2015
This query is : Resolved
Hi all
I got married on 9 april 2014 as per Christian customs in a csi church. It was a arranged marriage and the girl was a distant relative to me. On the first night the girl avoided the intercourse on the pretext that she was having her periods. When the second nite i tried approaching her she again told me that it was her second day. Like this 8 days passed on the same lie. Her behaviour was normal with me. Then on the 9th day i asked her if what was the problem and why was she avoiding it for which she told me that as per the family tree i was related to her as a cousin brother which was informed to her by one of her relative few days before the marriage and she was feeling uncomfortable for that. For which i asked her as why didnt u tell this before marriage for which she said that her parents stopped her from telling it to me. So even i told her since we are not directly related through blood it was ok but she was not convinced.
Then after few days she agreed for intercourse that too after 4 hours of convincing and begging. That was the only day we had sex. And after that she started iltreating me by fighting for small issues and eventually she wud not make food for me and asked me to eat out saying "before marriage u wer eating only". Then she started insisting me to stop talking to my parents n kept insisted that i shud desert them and threatened me that she will go back to her parents house if i dont listen to her. Then she started torturing me to send her to chennai as she wanted to live wid her parents and asked me to visit her on weekends and continue. n was insisting me to come to chennai as well and live in her family home. Before marriage itself we told them that my job is non transferable and only the girl have to get transfrrd as she was wrkg in it company for which they agreed. When i said that i cant send her then she and her parents started threatening me that they will file a police complaint on me on domestic violence and section 498a and insisted me to send their daughter to their home saying since i have lived alone as bachelor before marriage and askd me to continue like that or to quit my job and live in their house.
When i didnt agree to it then on 14 may 2014 the girl threatened me that she will commit suicide if i dont let her go to her house and told me that she dont want to live me at all. Fearing whuch i left her in her paternal home.
Then on 11june she filed a false police complaint on me n my parents alleging dowry harrasment and other things and askd me to return all the things her parents baught for us which i did. After that she threw the mangasutra on my face and walkd off with her family.
Now i would like to know can i file divoce on grounds on psychological impotency of the grl meaning she will be able to cohabate and have sexual relation wid aother man but not me as in her mind i have been fixed as a brother??? Or shall i file it on mental cruelty suffered by me? Please advice
P. Venu
(Expert) 09 February 2015
At this stage, what is required is counselling; legal aspects come thereafter.
Rajendra K Goyal
(Expert) 09 February 2015
Try to amicably settle if the marriage can be saved. Take help of relatives, family friends and effective people of society. If saving of marriage is not possible try for Mutual Consent Divorce.
ajay sethi
(Expert) 09 February 2015
file for divorce on grounds of cruelty. refusal to have sex amounts to cruelty
Daniel
(Querist) 09 February 2015
Counseling from family elders have been done and it has failed and counselling by court appointed cousellors has also failed. She is very arrogant and adament that she cant live with me. She is not ready for mutual divorce also.
Daniel
(Querist) 09 February 2015
She has already filed a false police report on me and dragged me and my family to police station. And to top it she has thrown the mangalsutra in front of my family and relatives. After all this its totally irreversible.
Dr J C Vashista
(Expert) 10 February 2015
Is it a story or query, be precise and consult your lawyer.
Daniel
(Querist) 10 February 2015
This is a query sir. And how more should i be precise? I have shared all that have happened.
Jayashree Hariharan
(Expert) 10 February 2015
Speak to her, get to know exactly what she wants and file a case for divorce on the grounds of cruelty and harrassment.
Daniel
(Querist) 10 February 2015
Everything has failed... And some moe once they have dragged us to police station i don wanna talk to her... Those people are full of lies.
T. Kalaiselvan, Advocate
(Expert) 11 February 2015
You have to wait for atleast one year from the date of marriage for filing a divorce against her. If your marriage was performed under christian laws, you may wait for one year period to complete and ask her to give her consent for mutual divorce.
Biswanath Roy
(Expert) 13 February 2015
Mutual consent divorce is the only remedy,alternatively file divorce petition on the ground of mental cruelty after a year from the date of marriage. Lodge a diary in writing addressed to the P.S. In-charge that your wife deserted you and has gone to her parents house with all of her Stridhan, Jewellery and personal belongings declaring that she doesn't want to live with you as she thinks that you are cousin in distant relation.
