Hi I am 30 years old male residing in Hyderabad, though I am Australian citizen with Overseas Indian citizen Card. My situaton is rather very embrassing.
I got married a in Nov 2011 and stayed with my wife only for two weeks and did not have any marital relationship and she made my life hell by following:
>>She abused my mother in a filthy language and never got into any cooking or domestic activities to this she said she hates the bl**dy kitchen life
>>She said she was forcely married by her father & grand mother and considers this marriage to be incestual. She said she has brotherly feeling towards me as her grandfather is my mothers maternal uncle and her maternal grandmother is my moms maternal aunt. So her father is Maternal cousin (brother) to my mother and her mother is maternal cousin (sister) to my mom and that makes me her brother, hence did not allow consummation of marriage.
>>She also threatens to get me and my mother arrested (not sure on what basis, either dowry or DV) I have neither taken dowry nor ever used any kind of violence. Although she has only verbally threatened me, i don't want to take any chance and file for divorce.
>>She left my house after two weeks of marriage stating its their family tradation to stay at mothers place for 2 weeks after marriage and never came back. My mom went to enquire about her return and she abused my mom in a filthy language, broke the Mangalsutra, threatned divorce and made two attempts of suicide by taking a knife and slitting her own throat and by leaking the gas in kitchen and tried litting the same unsuccessfully as her parents resisted her.
>> I flew back to Australia in Jan due to visa issues as I was not an Australian citizen by then and she stayed at her mothers place.
>> After 2 months her father and borther came to my house apologing about her behaviour ( My brother recorded the conversation where my mom stated my wife broke mangalsutra, attempted suicide, threatned divorce and abused my mom in filthy language. And her father apologised for my wife's behaviour)
>> Few days later she came back to my home with her elders we accepted her back and have taken letter from her and her parents stating her dis-respectable behaviour, that marriage was dowry free and she is responsible if she does anything drastic ( like suicide). The letters were signed by herself, her parents and 2 common relatives.
>> She was fine for a month and started same drama of abusing my family, not involving in any household work and threatning divorce and putting me and my family in the jail by filing complaint. My family escalated the matter to her parents and she was again taken back by her parents and stayed at ther parents place untill I arrived back in India.
>> While I was in Australia, me and my wife spoke over the phone and she always quarrled with me, threatned me divorce and said our mariage was never meant to take place.
>> I flew back toIndia in august on her birthdate to surprise her and called her that I am in india to celebrate and she did not care to come back to me.
>> After three days her father got her back to my place and apologised and left.
>> She was fine for a week, but did not allow me to have s*x with her saying she was not well.
>> I thought things might change and planned a honeymoon tour to North India. She seemed happy but did not allow to have s*x and I got frustrated. I called her parents and told them that I am getting 30 yrs old and need to pllan kids now and my wife is not allowing me to have s*x. Her parents spoke to her over the phone and she got very angry on me. But following night we had s*x for the first time in my married life and marriage got consummated.
>> Things went fine for two days. On third she locked herself in the hotel room for an hour and threatned me she will commit suiside if I force her for s*x again. I got very stressed and agreed.
>> Spent 12 days of a disaster honeymoon in north india and in way back went to my aunts place to visit her for two day.
>> 2 day me and my wife went for a walk. She started arguing with me that if I tell her parents again about s*x she can do anything. She started screaming on me and all of a sudden tore her cloths ( Top area) and lied down on the middle of streed and started screaming that I have torn her cloths and she needs protection. I got freaked out and I gave her a hug because her private parts ( top) were partially visible and I wanted to cover her. I borrowed a safety pin from one of the house and fixed her top to cover her private part and covered her with the chunni.
>> After coming back to our hometown, we sat down and I asked if she wants to finish the relationship and she agreed for a mutual divorce but without our parents knowledge and she asked for 1 lakhs rupees that was in our joint account which was given by her father at the time of marriage to buy a bike for me. But I was not intrested in bike so I left the money into joint account of me and my wife.
>> By then she was 6 weeks pregnant and we decided on a mutual abortion and got the pregenency terminated at one of the hospital in my area consulting a gyno.
>> We filed a mutual divorce in family court with Petition and MOU stating marriage was not consummated, 1 lakhs as alimony through cheque ( same is encashed into my wifes account) and we lived seperatly for last one year. We together signed a register in front of a Registar in the family court of my area.
>> The reason we wrote about non-consummation and alimony was because our commom lawyer advised so my wife can have a plus point that she is a virgin when she remarries and Alimony part is covered which is a plus for me.
>> My wife went back to her parents place after 6 days and told her parents about mutual divorce. Her father got very angry appearently and asked her to file a complaint against me that I have forced her for divorce and abortion at the police station or he will not accomodate her into his house.
>> My wife called me that night and told she is backing off and she is going to support her father in filing a complaint against me for forced divorce and abortion.
>> Now she accused me that I forced her for abortion and mutual divorce. I haven't received any petition number of my divorce case. Our common lawyer has given me only SR number. Its been a month now but the lawyer says myself and my wife have to come back again to the court to get the petition number processed and its on hold. I think my wife's father had approached this lawyer and is trying to get our case on hold by filing a memo.
Now she refuses for divorce and I am nowhere.I feel completely trapped and suffocated.
Is there a way to initiate the divorce proceedings from my side on the bases of cruelty with the same SR number?Another question I have is about how to prove my point in court? All this while she has been constantly abusing and threatening me any my mother (who is sufferening from a serious illness). Everything happens within closed doors and there is no evidence of whatever I may say.
But I have a recording and an apology letter from my wife and her parents stating her cruel behaviour. Your expert advise would be of a great help.
