Advise from learned Counsels

Mohan. S (Querist) 20 January 2009 This query is : Resolved
Submission for legal advice of learned advocates :
My son was married on 13 Sept. 2007 in Chennai , with consent of the bride and family members . After marriage, the wedded couples stayed in bride groom’s house for two days , went for honeymoon for 5 days. After ten days of Marriage, I Learnt from my son that the matrimonial relationship was not started from day 1, neither during their stay at Bride’s house nor during the Honeymoon. Arranged for a separate residential accommodation for the newly married couple to start their wedded life. My son informed that his wife avoided physical relationship by lame excuses like stomach pain, menstrual periods etc. Our advice to her yielded no result and the couples led a wedded life without any physical relationship.
From the day of marriage bride was frequently quarrelling, using abusive words. I came to know about the abnormal relations between couple from my son after 10 days of marriage only. Advised him to take the help of bride’s elder brother and sister in law, who were the guardians of the bride till marriage, as her parents are no more’. As they did not help, I requested them to counsel couple. Though they promised to solve the problem they did not try to solve, stating matter will be settled by themselves in due course.

As things did not improve, self & wife came to Chennai from Pondicherry. Informed bride’s relatives and on 16 Oct Discussed with bride;
1. Is there any physical problem for keeping my son away? Suggested for medical check up.
Next day she left with her brother who came to take her home.
On 29 Oct , son went to their house and brought her back .
2 Nov 2007- Her family members came took her along with them for celebrating Deepavali.
9 Nov –Self , wife discussed with bride’s family, suggested for counseling by external agencies which was agreed. But bride Continued stay at her parental house and deserted the matrimonial house.
12 Nov –Social Welfare Board TN. Contacted & Counselling commenced and stopped in April inconclusive.
---- As per suggestion of counsellors And as per demand of bride, agreed to allow them to live in a separate place away from both families. But even after 45 days bride’s family could not convince the bride to enter in to matrimonial relationship with the bride groom .Then we insisted for stay only in the flat purchased, which is next to our flat where we stay.
---At last we suggested for mutually agreed separation after discussing with counselor , which bride & her family refused.
During May 3rd week 2008 One Sunday ,She came to flat alone. Stayed till Saturday morning (6days). Did not eat/drink. During stay at our house and Left house by 9am & returned at 8pm.
During September 2008, one day entered house and took clothes and left within ten minutes.

PRESENT STATUS :
There is no communication between two families. On our request counselor tried to contact bride &her brothers but no response.
The learned advocates can advise me, as to how to get a divorce for my son (the bride is not willing to give a divorce)

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sanjeev murthy desai (Expert) 20 January 2009

Dear Mohan. S.

As you mentioned above fact i listed as follows.

1. Bride is not ready to reside with husband.
2. Bride is not ready to perform her marital obligations.
3. Bride is not ready to give mutual divorce.

4. If your son ready to reside with her.

First your son has to file conjugal rights petition before Family Court at Chennai.

sanjeev desai

Mohan. S (Querist) 24 January 2009
Sir,Bride ,as described, was not interested in marrital relationship.To avoid him,she quarrelled.She didn't want us(parents) to stay with/nearby.So she didnot want to stay in flat in same building.As per counselling when we agreed for stayaway, it was not arranged.
So far directly she has not said that she will not stay with husband buther behaviour action show that.At smallest pretext she was away.
Now there is no communication from her /family.
2. Myson is not willing to continue life with her.