Non consummated marriage, how to divorce
Alfa
(Querist) 15 June 2018
This query is : Resolved
I'm a 29 yr old , Muslim and working woman. I was married in September 2015. My husband never took interest in physical relationship. As it was an arrange marriage,and he was of shy and reserve nature, i thought it will sort out with time.
But as the time passed, this lack of intimacy affected our marriage adversely. When confronted, he always blamed me or fought with me unnecessarily. Moreover, when this issue was raised with his parents and his parents asked him, he totally denied the fact and blamed me that its me who is lying. Gradually this matter came into notice of my parents and then again i was falsely blamed that I'm having affair with someone and not letting my husband touch me. Actually my husband never tried to solve the issue, never went for counseling or any medical treatment. I tried my best but suffered till 2017. I dont even know if he is impotent or he has done this to me willingly.
Finally, when nothing worked out, I decided to quit this marriage and filed divorce petition in the family court and also 498a case for cruelty. We are living separately since july 2017.
Now the problem is, he is not willing to divorce me. Counseling and mediation everything has been done. Its almost 1 year, and i want to end all this so that i can move on in life and think of remarriage. But courts hearings are just going on. He has not even submitted reply of my divorce notice yet and has been extended it for around 5 months now.
Kindly help me what can i do so that this marriage can be dissolved at the earliest. Medically I'm not sure if he is impotent.
How can i proceed further? I dont want any maintenance or alimony, just wanna end this all soon as the proceedings make me go into depression. Please help.
Thanks and regards.
Ms.Usha Kapoor
(Expert) 16 June 2018
If he consents for or you contest divorce proceedings on the ground of non consummation of marriage and also mental cruelty against your husband proving in the court you'll get a divorce within a year or two. Mutual consent divorce is fastest and if he agrees for it you can get divorce within maximum 6 months or even less.
Vijay Raj Mahajan
(Expert) 16 June 2018
You state you are Muslim woman but you haven't mentioned whether you got married with a Muslim man according to Muslim form of marriage or according to Civil form of marriage under the Special Marriage Act, 1954.
When you people not providing complete information about form of marriage how can you expect correct guidance and information from expert here in the forum.
Some senseless opinions will come to you that will confuse you more than guiding you properly.
I will only suggest for now to avoid filling all those false criminal complaint against the husband u/s 498A IPC etc that creates more trouble for both parties rather resolving their dispute.
Even otherwise non-consummation of marriage is one of the most difficult ground to prove in the court unless either of the party is impotent and unable to preform physical relationship. Both being physical normal the non-consummation of marriage is very difficult to prove so forget making this as ground for dissolution of marriage which is contested by other party.
Alfa
(Querist) 17 June 2018
I said it was an arrange marriage.. With a Muslim man ofcourse. And i have not opted for any false complaint but because our lawyer suggested to file 498a against him, i have involved only the husband not the in-laws and have tried to write the actual reasons and incidents. Though somethings are added by the lawyers to build up the case.. In mediation and counseling also, he has accepted that we were not having any physical relationship, but he blames that on me. Can it anyway help me?? Why would someone wants to live with a wife after blaming her so much.
Also regarding impotency factor, how can i be so sure because he never attempted anything and always avoided to do or talk about it.
Also i want to mention that I'm a govt employee but he is unemployed technically. He was living on his father's pension, and was preparing for govt jobs. He didn't take any responsibility of husband. Just wanted to live on my income and sit idle.
Please guide me genuinely, as outside also we are following lawyers suggestions, we don't know which path to go. Sometimes they make us feel like they want to just elongate the case so that it goes on for years.
rajeev sharma
(Expert) 18 June 2018
we may have sympathy for you but we have to advise within four corners of law. The fact is that Shariat law does not give any specific right to Muslim women to divorce. The only right is available is in case of Talaaq-i-tafweez. That is where the right to give Talaq is delegated by husband to wife.So only remedy lies in the Muslim Marriage Act 1939. The grounds as mentioned in he Act and relevant to you are
*-That the husband has neglected or has failed to provide for her maintenance for a period of two years:
*-That the husband was impotent at the time of the marriage and continues to be so. You say that you are not sure of his potency do not bother you just allege this ground and let him prove that he is not impotent.This may be proved by medical tests.
*- That the husband treats her with cruelty,In Itwari v. Asghari, the Allahabad High Court observed that Indian Law does not recognize various types of cruelty such as ‘Muslim cruelty’, ‘Hindu cruelty’ and so on, and that the test of cruelty is based on universal and humanitarian standards; that is to say, conduct of the *-That husband which would cause such bodily or mental pain as to endanger the wife’s safety or health.
*-Irretrievable Breakdown:where the circumstances are such and the differences between husband and wife are such they could not lead a married life as husband and wife the court may grant divorce.
Since all the consultation may not be possible on mail hence it is advised to consult a good lawyer having expertise in divorce matters because divorce by a muslim woman is always tricky matter.
Alfa
(Querist) 20 June 2018
I wanted to allege that he is impotent, but my lawyer said that if medical tests confirm he is potent then it will be false on my part. Is it so?? What can i do so that the proceedings speed up and no more counseling or mediation repeats.
Alfa
(Querist) 20 June 2018
I wanted to allege that he is impotent, but my lawyer said that if medical tests confirm he is potent then it will be false on my part. Is it so?? What can i do so that the proceedings speed up and no more counseling or mediation repeats.
Alfa
(Querist) 20 June 2018
I wanted to allege that he is impotent, but my lawyer said that if medical tests confirm he is potent then it will be false on my part. Is it so?? What can i do so that the proceedings speed up and no more counseling or mediation repeats.
rajeev sharma
(Expert) 22 June 2018
I don't know what kind of advocate you have got who is deciding the suit before filing it.We dont know what will happen in a suit in future. Then importance is not the only ground to be taken in a divorce suit other ground such as cruelty and irretrievable marriage too are the grounds that may be taken along with impotence. As advised by some other expert hire a good divorce lawyer .
